Common use of Rights of Swap Counterparty Clause in Contracts

Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right, upon designation of an “Early Termination Date” (as defined in the Swap Agreement), to enforce its rights under this Agreement, which rights include but are not limited to the obligation of the Trustee (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(c) and 5.02(e), and any Swap Termination Payment required pursuant to Sections 5.02(c) and 5.02(e), into the Supplemental Interest Trust Account, (B) to deposit any amounts required pursuant to Section 5.07(b) into the Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(h)(i) or Swap Termination Payment required pursuant to Sections 5.02(h)(ii) and (x) to the Swap Counterparty and (D) to establish and maintain the 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.

Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right, upon designation of an “Early Termination Date” (as defined in the Swap Agreement), right to enforce its rights under this Agreement, which rights include but are not limited to to, the obligation of the Trustee Master Servicer (A) to deposit any Net Trust Swap Payment required pursuant to Sections 5.02(cSection 4.01(a)(1)(i) and 5.02(e), and any Swap Termination Payment required pursuant to Sections 5.02(c4.01(a)(1)(i), 4.01(a)(2)(A)(i), 4.01(a)(2)(B)(i) and 5.02(e), into the Supplemental Interest Trust Account, (B) to deposit any amounts required pursuant to Section 5.07(b4.01(a)(3)(xxxix) into the Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(h)(i) or Swap Termination Payment required pursuant to Sections 5.02(h)(ii) Account and (x) to the Swap Counterparty and (DB) to establish and maintain the Supplemental Interest Trust Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 5.074.07. 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.

Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right, upon designation of an “Early Termination Date” (as defined in the Swap Agreement), to enforce its rights under this Agreement, which rights include but are not limited to the obligation of the Trustee (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(cSection 4.1(b) and 5.02(e), and any Swap Termination Payment required pursuant to Sections 5.02(c4.1(b) and 5.02(e), (c) into the Supplemental Interest Trust AccountTrust, (B) to deposit any amounts from the Basis Risk Reserve Fund required pursuant to Section 5.07(bSections 4.1(d)(iii)(H) and (xi) into the Supplemental Interest Trust AccountTrust, (C) to pay any Net Swap Payment required pursuant to Section 5.02(h)(i4.1(e)(i) or Swap Termination Payment required pursuant to Sections 5.02(h)(ii) and (xSection 4.1(e)(ii) to the Swap Counterparty and (D) to establish and maintain the Supplemental Interest Trust AccountTrust, 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.

Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right, upon designation of an “Early Termination Date” (as defined in the Swap Agreement), to enforce its rights under this Agreement, which rights include but are not limited to the obligation of the Trustee (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(c5.02(b), (d) and 5.02(e(h), and any Swap Termination Payment required pursuant to Sections 5.02(c5.02(b), (d), (f) and 5.02(e), into the Supplemental Interest Trust Account, (B) to deposit any amounts required pursuant to Section 5.07(bh) into the Supplemental Interest Trust Account, (C) Swap Account and to pay any Net Swap Payment required pursuant to Section 5.02(h)(i) or 5.02(l), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(h)(ii), Section 5.02(h)(ix) and (x) Section 5.02(l), as applicable, to the Swap Counterparty and (DC) to establish and maintain the Supplemental Interest Trust Swap Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 5.07. For the protection and enforcement of the provisions of this Section the Swap Counterparty shall be entitled to such relief as can be given either at law or in equity.

Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right, upon designation of an “Early Termination Date” (as defined in the Swap Agreement), to enforce its rights under this Agreement, which rights include but are not limited to the obligation of the Trustee (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(c5.02(b) and 5.02(e5.02(d), and any Swap Termination Payment required pursuant to Sections 5.02(c5.02(b) and 5.02(e5.02(d), into the Supplemental Interest Trust Account, (B) to deposit any amounts required pursuant to Section 5.07(b) into the Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(h)(i) or Swap Termination Payment required pursuant to Sections 5.02(h)(ii) and (xviii) to the Swap Counterparty and (D) to establish and maintain the 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.

Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right, upon designation of an “Early Termination Date” (as defined in the Swap Agreement), to enforce its rights under this Agreement, which rights include but are not limited to the obligation of the Trustee (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(c5.02(b), (d) and 5.02(e(h), and any Swap Termination Payment required pursuant to Sections 5.02(c5.02(b), (d), (f) and 5.02(e), into the Supplemental Interest Trust Account, (B) to deposit any amounts required pursuant to Section 5.07(bh) into the Supplemental Interest Trust Account, (C) Swap Account and to pay any Net Swap Payment required pursuant to Section 5.02(h)(i) or 5.02(l), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(h)(ii), Section 5.02(h)(ix) and (x) Section 5.02(l), as applicable, to the Swap Counterparty and (DC) to establish and maintain the Supplemental Interest Trust 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

Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right, upon designation of an “Early Termination Date” (as defined in the Swap Agreement), to enforce its rights under this Agreement, which rights include but are not limited to the obligation of the Trustee (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(c5.02(b), (d) and 5.02(e(f), and any Swap Termination Payment required pursuant to Sections 5.02(c5.02(b), (d) and 5.02(e(f), into the Supplemental Interest Trust Account, (B) to deposit any amounts required pursuant to Section 5.07(b) into the Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(h)(i) or Swap Termination Payment required pursuant to Sections 5.02(h)(ii) and (x) to the Swap Counterparty and (DC) to establish and maintain the 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.

Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right, upon designation of an “Early Termination Date” (as defined in the Swap Agreement), to enforce its rights under this Agreement, which rights include but are not limited to the obligation of the Trustee (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(c5.02(a) and 5.02(e5.02(c), and any Swap Termination Payment required pursuant to Sections 5.02(c5.02(a) and 5.02(e5.02(c), into the Supplemental Interest Trust Account, (B) to deposit any amounts required pursuant to Section 5.07(b5.08(b) into the Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(h)(i5.02(e)(i) or Swap Termination Payment required pursuant to Sections 5.02(h)(ii5.02(e)(ii) and (x) to the Swap Counterparty and (D) to establish and maintain the 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.

Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right, upon designation of an “Early Termination Date” (as defined in the Swap Agreement), to enforce its rights under this Agreement, which rights include but are not limited to the obligation of the Trustee (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(c5.02(b), (d) and 5.02(e(f), and any Swap Termination Payment required pursuant to Sections 5.02(c5.02(b), (d) and 5.02(e(f), into the Supplemental Interest Trust Account, (B) to deposit any amounts required pursuant to Section 5.07(b) into the Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(h)(i) or Swap Termination Payment required pursuant to Sections 5.02(h)(ii) and (xxi) to the Swap Counterparty and (DC) to establish and maintain the 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.

Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right, upon designation of an “Early Termination Date” (as defined in the Swap Agreement), to enforce its rights under this Agreement, which rights include but are not limited to the obligation of the Trustee (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(c5.02(b), (d) and 5.02(e(h), and any Swap Termination Payment required pursuant to Sections 5.02(c5.02(b), (d), (f) and 5.02(e), into the Supplemental Interest Trust Account, (B) to deposit any amounts required pursuant to Section 5.07(bh) into the Supplemental Interest Trust Account, (C) Swap Account and to pay any Net Swap Payment required pursuant to Section 5.02(h)(i) or 5.02(l), as applicable, or Swap Termination Payment required pursuant to Sections 5.02(h)(ii), Section 5.02(h)(viii) and (x) Section 5.02(l), as applicable, to the Swap Counterparty and (DC) to establish and maintain the Supplemental Interest Trust Swap Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 5.07. For the protection and enforcement of the provisions of this Section the Swap Counterparty shall be entitled to such relief as can be given either at law or in equity.

Rights of Swap Counterparty. The Swap Counterparty shall be deemed a third-party beneficiary of this Agreement to the same extent as if it were a party hereto and shall have the right, upon designation of an “Early Termination Date” (as defined in the Swap Agreement), to enforce its rights under this Agreement, which rights include but are not limited to the obligation of the Trustee (A) to deposit any Net Swap Payment required pursuant to Sections 5.02(c5.02(b) and 5.02(e5.02(c), and any Swap Termination Payment required pursuant to Sections 5.02(c5.02(b) and 5.02(e5.02(c), into the Supplemental Interest Trust Account, (B) to deposit any amounts required pursuant to Section 5.07(b) into the Supplemental Interest Trust Account, (C) to pay any Net Swap Payment required pursuant to Section 5.02(h)(i5.02(e)(i) or Swap Termination Payment required pursuant to Sections 5.02(h)(ii5.02(e)(ii) and (x) to the Swap Counterparty and (D) to establish and maintain the 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.