Common use of Rights of Swap Provider Clause in Contracts

Rights of Swap Provider. The Swap Provider 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 Securities Administrator (A) to deposit any Net Swap Payment required pursuant to 5.01(a)(i), (ii) and (iii), and any Swap Termination Payment required pursuant to Sections 5.01(a)(i), (ii), (iii) and (iv) and 5.01(g), into the Swap Account, (B) to pay any Net Swap Payment required pursuant to Section 5.01(a)(i), (ii) and (iii), as applicable, or Swap Termination Payment required pursuant to Sections 5.01(a)(i), (ii), (iii) and (iv) and 5.01(k), as applicable to the Swap Provider and (C) to establish and maintain the Swap Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 5.10. For the protection and enforcement of the provisions of this Section the Swap Provider shall be entitled to such relief as can be given either at law or in equity.

Rights of Swap Provider. The Swap Provider 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 Securities Administrator Trustee (A) to deposit any Net Swap Payment required pursuant to 5.01(a)(i), (ii) and (iii), and any Swap Termination Payment required pursuant to Sections 5.01(a)(i), (ii), (iii) and (iv) and 5.01(g), into the Swap Account, (B) to pay any Net Swap Payment required pursuant to Section 5.01(a)(i), (ii) and (iii), as applicable, or Swap Termination Payment required pursuant to Sections 5.01(a)(i), (ii), (iii) and (iv) and 5.01(k5.01(g), as applicable to the Swap Provider and (C) to establish and maintain the Swap Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 5.10. For the protection and enforcement of the provisions of this Section the Swap Provider shall be entitled to such relief as can be given either at law or in equity.