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 Indenture to the same extent as if it were a party hereto and shall have the right to enforce all obligations of the parties to this Indenture to the Swap Provider, which obligations include but are not limited to the obligation of the Securities Administrator (a) to pay to the Swap Provider, pursuant to the priorities provided in Section 3.05, any Net Swap Payment required pursuant to the Swap Agreement and any Swap Termination Payment required pursuant to the Swap Agreement, (b) to establish and maintain the Payment Account, to make such deposits thereto, investments therein and payments therefrom as are required pursuant to Section 3.01. 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.

Appears in 2 contracts

Samples: Indenture (Peoples Choice Home Loan Securities Trust Series 2005-3), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-4)

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Rights of Swap Provider. The Swap Provider shall be deemed a third-party beneficiary of this Indenture to the same extent as if it were a party hereto and shall have the right to enforce all obligations of the parties to this Indenture to the Swap Provider, which obligations include but are not limited to the obligation of the Securities Administrator (a) to pay to the Swap Provider, pursuant to the priorities provided in Section 3.05, any Net Swap Payment required pursuant to the Swap Agreement and any Swap Termination Payment required pursuant to the Swap Agreement, (b) to establish and maintain the Payment Account, to make such deposits thereto, investments therein and payments therefrom as are required pursuant to Section 3.01. For the protection and enforcement of the provisions of this Section, Section the Swap Provider shall be entitled to such relief as can be given either at law or in equity.

Appears in 1 contract

Samples: Indenture (Peoples Choice Home Loan Securities Trust Series 2005-2)

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Rights of Swap Provider. The Swap Provider shall be deemed a third-party beneficiary of this Indenture 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 Agreements), to enforce all obligations of the parties to its rights under this Indenture to the Swap ProviderIndenture, which obligations rights include but are not limited to the obligation of the Securities Administrator (aA) to pay to the Swap Provider, pursuant to the priorities provided in Section 3.05, any Net Swap Payment required pursuant to the Swap Agreement Section 8.08 and any Swap Termination Payment required pursuant to the Swap AgreementProvider, (bB) to establish and maintain the Payment Account, to make such deposits theretoto the Payment Account, investments therein and payments therefrom of any payments under the Swap Account as are required pursuant to Section 3.013.01 that are payable to the Swap Provider. For the protection and enforcement of the provisions of this Section, Section the Swap Provider shall be entitled to such relief as can be given either at law or in equity.

Appears in 1 contract

Samples: Indenture (Luminent Mortgage Trust 2005-1)

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