Common use of Rights of Swap Counterparty Clause in Contracts

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.

Appears in 5 contracts

Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff12), Trust Agreement (Structured Asset Investment Loan Trust 2006-Bnc1), Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff14)

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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.

Appears in 4 contracts

Samples: Trust Agreement (BNC Mortgage Loan Trust 2007-2), Trust Agreement (BNC Mortgage Loan Trust 2007-1), Trust Agreement (BNC Mortgage Loan Trust 2006-2)

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(b6.05(b), (c) and (e), and any Swap Termination Payment required pursuant to Sections 6.05(b), (c), (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (ji), into the Swap Supplemental Interest Trust 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)(i6.05(f), 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 6.05(f) to the Swap Counterparty and (DC) to establish and maintain the Swap Supplemental Interest Trust Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 5.076.14. 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.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-D), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-C), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-A)

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), (ed) and (jf), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (ed) and (jf), into the Swap Supplemental Interest Trust 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)(vi5.02(f)(iv) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(h)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(h)(ii) and (x) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 3 contracts

Samples: Trust Agreement (Lehman XS Trust 2006-11), Trust Agreement (Lehman XS Trust, Series 2006-8), Trust Agreement (Lehman XS Trust 2006-9)

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), (ed) and (jf), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (ed) and (jf), into the Swap Supplemental Interest Trust 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)(vi5.02(f)(iii) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(h)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(h)(ii) and (x) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 3 contracts

Samples: Trust Agreement (Lehman XS Trust 2006-3), Trust Agreement (LXS 2006-7), Trust Agreement (Lehman XS Trust 2006-5)

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), k) and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (j), k) 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 Section 5.02(g)(ii), Section 5.02(g)(x), ) or Section 5.02(k), as applicable 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.

Appears in 3 contracts

Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1), Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1), Trust Agreement (Sasco 2007-Eq1)

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 Securities Administrator (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(b), (c), (e) and (jk), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (jk), 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.

Appears in 2 contracts

Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc5), Trust Agreement (Sasco 2006-Bc4)

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 Section 5.02(b), (c), ) and (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), ) and (e) and (j), into the Swap Supplemental Interest Trust Account, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(d)(iii)(C) and Section 5.02(f)(vi(d)(vi) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(e)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(e)(ii) and 5.02(e)(viii) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 2 contracts

Samples: Trust Agreement (SASCO Mortgage Loan Trust 2005-Wf3), Trust Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-Wf2)

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 (jl), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (jl), 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(k5.02(l), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k5.02(l), 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.

Appears in 2 contracts

Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Bc3), Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Bc2)

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 (jd), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (jd), into the Swap Supplemental Interest Trust 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)(vi5.02(e)(iii)(C) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(f)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(f)(ii) and (viii) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 2 contracts

Samples: Custodial Agreement (Structured Asset Investment Loan Trust 2005-4), Trust Agreement (SASCO Mortgage Pass Through Certificates, Series 2005-Nc2)

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 Securities Administrator (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(bSection 4.1(b), (c), (e) and (j), d) and any Swap Termination Payment required pursuant to Sections 5.02(b4.1(b), (c), (e) and (j), d) into the Swap Supplemental Interest Trust Account, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C4.1(e)(iii)(O) and Section 5.02(f)(vi(xviii) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 4.1(f)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 4.1(f)(ii) and 4.1(f)(ix) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust and the Supplemental Interest Trust Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 5.074.7. 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.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2005-4), Pooling and Servicing Agreement (Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2005-5)

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 (je), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (je), into the Swap Supplemental Interest Trust Account, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(f)(iii)(C) and Section 5.02(f)(vi) into the Swap Supplemental Interest Trust 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 ) and (ix) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 2 contracts

Samples: Custodial Agreement (Structured Asset Securities Corp), Trust Agreement (Structured Asset Investment Loan Trust 2005-7)

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 (jk), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (jk), 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.

Appears in 2 contracts

Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc6), Trust Agreement (Structured Asset Securities CORP 2007-Bc1)

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), (ed) and (jf), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (ed) and (jf), into the Swap Supplemental Interest Trust Account, (B) to deposit any amounts from the Pool 1 Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C) and Section 5.02(f)(vi5.02(f)(iii) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(h)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(h)(ii) and (x) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 2 contracts

Samples: Trust Agreement (Structured Asset Securities Corp), Trust Agreement (Lehman XS Trust, Series 2005-8)

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 Securities Administrator (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.

Appears in 2 contracts

Samples: Trust Agreement (Sasco 2006-Bc3), Trust Agreement (Sasco 2006-Bc2)

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), (d), (e) and (jf), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (d), (e) and (jf), into the Swap Supplemental Interest Trust Account, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(g)(iii)(D) and Section 5.02(f)(vi5.02(g)(viii) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(h)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(h)(ii) and (xiii) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 2 contracts

Samples: Securitization Servicing Agreement (Structured Asset Investment Loan Trust 2005-5), Securitization Servicing Agreement (Structured Asset Investment Loan Trust 2005-5)

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), d) and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (j), d) into the Swap AccountSupplemental Interest Trust, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(e)(iii)(C) and Section 5.02(f)(vi(f)(vi) into the Swap AccountSupplemental Interest Trust, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(f)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(f)(ii) and 5.02(f)(viii) to the Swap Counterparty and (D) to establish and maintain the Swap AccountSupplemental Interest Trust, 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.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Investment Loan Trust 2005-2)

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), ) and (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), ) and (e) and (j), into the Swap Supplemental Interest Trust 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)(vi5.02(d)(iv)(C) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or 5.02(e)(i) and Section 5.02(k5.02(i), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), 5.02(e)(ii) and Section 5.02(e)(x) or Section 5.02(k5.02(i), as applicable applicable, to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 1 contract

Samples: Securitization Servicing Agreement (Sasco 2006-S2)

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), (ed), (f) and (jk), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (ed), (f) and (jk), into the Swap Account, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(g)(iv)(C) and Section 5.02(f)(vi5.02(g)(vi) into the Swap Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i5.02(h)(i), or Section 5.02(k5.02(l), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(g)(ii5.02(h)(ii), Section 5.02(g)(x5.02(h)(x), or Section 5.02(k5.02(l), 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.. 109

Appears in 1 contract

Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff17)

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 Section 5.02(b), (c), c),(d) and (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (ed) and (j), e) into the Swap AccountSupplemental Interest Trust, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(f)(iii)(C) and Section 5.02(f)(vi(f)(vi) into the Swap AccountSupplemental Interest Trust, (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 ) and 5.02(g)(xii) to the Swap Counterparty and (D) to establish and maintain the Swap AccountSupplemental Interest Trust, 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.

Appears in 1 contract

Samples: Trust Agreement (SASCO Mortgage Pass Through Certificates, Series 2005-Nc1)

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), h) and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (j), h) into the Swap Account, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(d)(iv)(C) and Section 5.02(f)(vi5.02(d)(vi) into the Swap Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(kSections 5.02(e)(i) and 5.02(i), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(g)(iiSection 5.02(e)(ii), Section 5.02(g)(x), 5.02(e)(x) or Section 5.02(k5.02(i), as applicable 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.

Appears in 1 contract

Samples: Trust Agreement (Sasco 2006-S3)

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), (ed) and (jf), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (ed) and (jf), into the Swap Supplemental Interest Trust Account, (B) to deposit any amounts from the Pool 1 Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C) and Section 5.02(f)(vi5.02(f)(iii) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(h)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(h)(ii) and (x) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.. 108

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust 2006-1)

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 Securities Administrator (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(bSection 4.1(b), (c), (e) and (j), d) and any Swap Termination Payment required pursuant to Sections 5.02(b4.1(b), (c), (e) and (j), d) into the Swap Supplemental Interest Trust Account, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C4.1(e)(iii)(O) and Section 5.02(f)(vi(xviii) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 4.1(f)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 4.1(f)(ii) and 4.1(f)(ix) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust and the Supplemental Interest Trust Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 5.074.7. 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.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aegis Asset Backed Securities Corp)

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 Section 5.02(b), (c), (e) and (j), d) and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (j), d) into the Swap AccountSupplemental Interest Trust, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(d)(iii)(C) and Section 5.02(f)(vi(d)(vi) into the Swap AccountSupplemental Interest Trust, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(e)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(e)(ii) and 5.02(e)(viii) to the Swap Counterparty and (D) to establish and maintain the Swap AccountSupplemental Interest Trust, 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.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-Wf1)

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 Section 5.02(b), (c), (e) and (j), d) and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (j), d) into the Swap AccountSupplemental Interest Trust, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(e)(iii)(C) and Section 5.02(f)(vi(e)(vi) into the Swap AccountSupplemental Interest Trust, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(f)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(f)(ii) and 5.02(f)(viii) to the Swap Counterparty and (D) to establish and maintain the Swap AccountSupplemental Interest Trust, 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.

Appears in 1 contract

Samples: Custodial Agreement (Structured Asset Investment Loan Trust Series 2004-11)

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 Section 5.02(b), (c), (e) and (j), c) and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (j), c) into the Swap AccountSupplemental Interest Trust, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(d)(iii)(C) and Section 5.02(f)(vi(d)(vi) into the Swap AccountSupplemental Interest Trust, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(e)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(e)(ii) and 5.02(e)(viii) to the Swap Counterparty and (D) to establish and maintain the Swap AccountSupplemental Interest Trust, 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.

Appears in 1 contract

Samples: Trust Agreement (SASCO Mortgage Pass-Through Certifidates, Series 2005-Wmc1)

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)Section 5.02, into the Swap Supplemental Interest Trust 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)(vi5.08(b) into the Swap Supplemental Interest Trust 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 5.02 to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 5.075.08. For the protection and enforcement of the provisions of this Section Section, the Swap Counterparty shall be entitled to such relief as can be given either at law or in equity.

Appears in 1 contract

Samples: Trust Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2008-1)

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 Securities Administrator (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(bSection 4.1(b), (c), (e) and (j), d) and any Swap Termination Payment required pursuant to Sections 5.02(b4.1(b), (c), (e) and (j), d) into the Swap AccountSupplemental Interest Trust, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C4.1(e)(iii)(I) and Section 5.02(f)(vi(xii) into the Swap AccountSupplemental Interest Trust, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 4.1(f)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 4.1(f)(ii) and 4.1(f)(viii) to the Swap Counterparty and (D) to establish and maintain the Swap AccountSupplemental Interest Trust, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 5.074.7. 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (AEGIS ASSET BACKED SECURITIES TRUST Mortgage Pass-Through Certificates, Series 2004-5)

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, 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 Section 5.02(b), (c), ) and (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), ) and (e) and (j), into the Swap Supplemental Interest Trust Account, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(d)(iv)(C) and Section 5.02(f)(vi(d)(vii) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(e)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(e)(ii) and 5.02(e)(x) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corporation, 2005-Gel4)

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), (e5.02(a) and (j5.02(c), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e5.02(a) and (j5.02(c), into the Swap Supplemental Interest Trust 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)(vi5.07(b) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(e)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(e)(ii) and (viii) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.. 112

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust Series 2006-12n)

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), 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 Swap Payment required pursuant to Sections 5.02(b), (c), (e), (j) and (j), k) and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e), (j) and (jk), 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 Sections 5.02(g)(i), 5.02(j) or Section 5.02(k), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), 5.02(j) or Section 5.02(k), as applicable 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.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf2)

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 Group 1 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), (ed) and (ji), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (ed) and (ji), into the Group 1 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, 5.02(i)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(i)(ii) and (i)(xi) to the Swap Counterparty and (DC) 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 5.075.08. 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.

Appears in 1 contract

Samples: Custodial Agreement (Lehman XS Trust 2007-9)

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 Securities Administrator (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(b), (c), (ed), (f) and (jk), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (ed), (f) and (jk), into the Swap Account, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(g)(iv)(C) and Section 5.02(f)(vi5.02(g)(vi) into the Swap Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), 5.02(h)(i) or Section 5.02(k5.02(l), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(g)(ii5.02(h)(ii), Section 5.02(g)(x), 5.02(h)(x) or Section 5.02(k5.02(l), 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.

Appears in 1 contract

Samples: Custodial Agreement (Sail 2006-3)

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), ) and (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), ) and (e) and (j), into the Swap Supplemental Interest Trust 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 Supplemental Interest Trust 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 ) and (ix) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 1 contract

Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2005-Ff9)

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, 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 Section 5.02(b), (c), ) and (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), ) and (e) and (j), into the Swap Supplemental Interest Trust Account, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(d)(iii)(C) and Section 5.02(f)(vi(d)(vii) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(e)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(e)(ii) and 5.02(e)(viii) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 1 contract

Samples: Trust Agreement (SASCO Mortgage Loan Trust Series 2005-Gel3)

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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), (e5.02(c) and (j5.02(e), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e5.02(c) and (j5.02(e), into the Swap Supplemental Interest Trust 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)(vi5.07(b) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(e)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(e)(ii) and (viii) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 1 contract

Samples: Trust Agreement (Lehman Xs Trust Series 2006-2n)

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), ) and (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), ) and (e) and (j), into the Swap Supplemental Interest Trust 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)(vi5.02(f)(v)(C) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or ) Section 5.02(k5.02(j), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), ) and Section 5.02(g)(x), ) or Section 5.02(k5.02(j), as applicable applicable, to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 1 contract

Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2005-Ff10)

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 Section 5.02(b), (c), ) and (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), ) and (e) and (j), into the Swap Supplemental Interest Trust 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 Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), Section 5.02(i) or Section 5.02(k5.02(j), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x5.02(g)(ix), Section 5.02(i) or Section 5.02(k5.02(j), as applicable applicable, to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp 2005-Wf4)

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), (ed) and (j), e) and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (ed) and (j), e) into the Swap AccountSupplemental Interest Trust, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(f)(iii)(D) and Section 5.02(f)(vi(g)(ix) into the Swap AccountSupplemental Interest Trust, (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 ) and 5.02(g)(ix) to the Swap Counterparty and (D) to establish and maintain the Swap AccountSupplemental Interest Trust, 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.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Investment Loan Trust 2005-1)

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), ) and (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), ) and (e) and (j), into the Swap Supplemental Interest Trust 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)(vi5.02(d)(v)(C) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or 5.02(e)(i) Section 5.02(k5.02(h), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), 5.02(e)(ii) and Section 5.02(g)(x), 5.02(e)(x) or Section 5.02(k5.02(h), as applicable applicable, to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corporation, 2005 OPT-1)

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), ) and (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), ) and (e) and (j), into the Swap Supplemental Interest Trust 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 Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or ) Section 5.02(k5.02(j), as applicable, or Swap Termination Payment required pursuant to Sections Section 5.02(g)(ii), ) and Section 5.02(g)(x), ) or Section 5.02(k5.02(j), as applicable applicable, to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 1 contract

Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff2)

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) Account and to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), 5.02(j)(i) or Section 5.02(k5.02(m), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(g)(iiSection 5.02(j)(ii), Section 5.02(g)(x), or 5.02(j)(xi) and Section 5.02(k5.02(m), as applicable applicable, to the Swap Counterparty and (DC) 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.

Appears in 1 contract

Samples: Custodial Agreement (Lehman XS Trust 2007-1)

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), (ed), (f) and (jk), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (ed), (f) and (jk), into the Swap Account, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(g)(iv)(C) and Section 5.02(f)(vi5.02(g)(vi) into the Swap Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i5.02(h)(i), or Section 5.02(k5.02(l), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(g)(ii5.02(h)(ii), Section 5.02(g)(x5.02(h)(x), or Section 5.02(k5.02(l), 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.

Appears in 1 contract

Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff15)

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), (e5.02(c) and (j5.02(e), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e5.02(c) and (j5.02(e), into the Swap Supplemental Interest Trust 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)(vi5.07(b) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(e)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(e)(ii) and (viii) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 1 contract

Samples: Trust Agreement (Lehman XS Trust Series 2006-4n)

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)(C5.02(f)(v)(C) and Section 5.02(f)(vi5.02(f)(vii) 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.

Appears in 1 contract

Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-FFB)

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, 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 Section 5.02(b), (c), ) and (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), ) and (e) and (j), into the Swap AccountSupplemental Interest Trust, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(d)(iii)(C) and Section 5.02(f)(vi(d)(vi) into the Swap AccountSupplemental Interest Trust, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(e)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(e)(ii) and 5.02(e)(viii) to the Swap Counterparty and (D) to establish and maintain the Swap AccountSupplemental Interest Trust, 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.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp. 2005-Rms1)

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)(x5.02(g)(vii), or Section 5.02(k), as applicable to the Swap Counterparty and (D) to establish and maintain the Swap Account and the Collateral 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.

Appears in 1 contract

Samples: Trust Agreement (BNC CORP Mortgage Loan Trust 2007-Bnc4)

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 (je), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (je), into the Swap Supplemental Interest Trust 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)(vi5.02 (f) (vii) into the Swap Supplemental Interest Trust 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 ) and (ix) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Investment Loan Trust 2005-He3)

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(b6.05(b), (c) and (e), and any Swap Termination Payment required pursuant to Sections 6.05(b), (c), (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (ji), 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)(i6.05(f), 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 6.05(f) to the Swap Counterparty and (DC) to establish and maintain the Swap Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 5.076.14. 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.. 143

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-B)

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), (d), (e) and (jf), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (d), (e) and (jf), into the Swap AccountSupplemental Interest Trust, (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)(vi5.02(g)(iii)(C) into the Swap AccountSupplemental Interest Trust, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(h)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(h)(ii) and (viii) to the Swap Counterparty and (D) to establish and maintain the Swap AccountSupplemental Interest Trust, 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.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Investment Loan Trust 2005-3)

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), ) and (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), ) and (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)(C5.02(d)(iv)(C) and Section 5.02(f)(vi5.02(d)(vi) into the Swap Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), 5.02(e)(i) or Section 5.02(k5.02(i), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(g)(iiSection 5.02(e)(ii), Section 5.02(g)(x), 5.02(e)(x) or Section 5.02(k5.02(i), as applicable 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.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp)

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(b5.02(b)(ii), (c), (e5.02(c)(i)(B) and (j5.02(c)(ii)(B), and any Swap Termination Payment required pursuant to Sections 5.02(b5.02(b)(ii), (c), (e5.02(c)(i)(B) and (j5.02(c)(ii)(B), into the Swap Supplemental Interest Trust 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)(vi5.08(b) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(f)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(f)(ii) and (x) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 5.075.08. 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.

Appears in 1 contract

Samples: Trust Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-3)

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), (d), (e) and (jg), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (d), (e) and (jg), into the Swap Supplemental Interest Trust 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)(vi5.02(h)(iii)(D) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(i)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(i)(ii) and (x) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Investment Loan Trust 2005-6)

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), ) and (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), ) and (e) and (j), into the Swap Supplemental Interest Trust 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 Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), ) or Section 5.02(k5.02(j), as applicable, or Swap Termination Payment required pursuant to Sections Section 5.02(g)(ii), ) and Section 5.02(g)(x), ) or Section 5.02(k5.02(j), as applicable applicable, to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 1 contract

Samples: Trust Agreement (Sasco 2006-Wf1)

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), ) and (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), ) and (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)(C5.02(d)(iv)(C) and Section 5.02(f)(vi5.02(d)(vi) into the Swap Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or 5.02(e)(i) and Section 5.02(k5.02(i), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), 5.02(e)(ii) and Section 5.02(e)(x) or Section 5.02(k5.02(i), as applicable 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.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp 2006-S1)

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), d) and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), (e) and (j), d) into the Swap AccountSupplemental Interest Trust, (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)(vi5.02(e)(iii)(C) into the Swap AccountSupplemental Interest Trust, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(f)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(f)(ii) and (viii) to the Swap Counterparty and (D) to establish and maintain the Swap AccountSupplemental Interest Trust, 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.

Appears in 1 contract

Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2005-Ff3)

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 Group I Swap Agreement), to enforce its rights under this Agreement, which rights include but are not limited to the obligation of the Trustee with respect to the Group I Swap Agreement (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(b5A.02(b), (c), (ed) and (jg), and any Swap Termination Payment required pursuant to Sections 5.02(b5A.02(b), (c), (ed) 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)(vig) into the Group I Swap Account, (C) Account and to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), 5A.02(g)(i) or Section 5.02(k5A.02(j), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(g)(iiSection 5A.02(g)(ii), Section 5.02(g)(x), or 5A.02(g)(xi) and Section 5.02(k5A.02(j), as applicable applicable, to the Swap Counterparty and (DC) to establish and maintain the Group I 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.

Appears in 1 contract

Samples: Custodial Agreement (Lehman XS Trust 2007-6)

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, 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 Section 5.02(b), (c), ) and (e) and (j), and any Swap Termination Payment required pursuant to Sections 5.02(b), (c), ) and (e) and (j), into the Swap Supplemental Interest Trust Account, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Sections 5.02(f)(iv)(C5.02(d)(iii)(C) and Section 5.02(f)(vi(d)(vi) into the Swap Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(g)(i), or Section 5.02(k), as applicable, 5.02(e)(i) or Swap Termination Payment required pursuant to Sections 5.02(g)(ii), Section 5.02(g)(x), or Section 5.02(k), as applicable 5.02(e)(ii) and 5.02(e)(viii) to the Swap Counterparty and (D) to establish and maintain the Swap Supplemental Interest Trust 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.

Appears in 1 contract

Samples: Trust Agreement (SASCO Mortgage Loan Trust Series 2005-Gel2)

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