Common use of Rights of the Swap Counterparty Clause in Contracts

Rights of the 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 Securities Administrator (A) to deposit any Net Derivative Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a) and 4.02(a)(ii)(B)(a), and any Swap Termination Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a), 4.02(a)(ii)(B)(a) and 4.02(a)(iii)(F), into the Supplemental Interest Trust Account (B) to pay any Net Derivative Payment required pursuant to Section 4.02(e)(i) or Swap Termination Payment required pursuant to Sections 4.02(e)(ii) or Section 4.02(e)(ix), as applicable, to the Swap Counterparty 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 4.06. 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 the 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 Securities Administrator (A) to deposit any Net Derivative Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a) and 4.02(a)(ii)(B)(a), and any Swap Termination Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a), 4.02(a)(ii)(B)(a) and 4.02(a)(iii)(F4.02(a)(iii)(E), into the Supplemental Interest Trust Account (B) to pay any Net Derivative Payment required pursuant to Section 4.02(e)(i) or Swap Termination Payment required pursuant to Sections 4.02(e)(ii) or Section 4.02(e)(ix4.02(e)(viii), as applicable, to the Swap Counterparty 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 4.06. 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 the 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 the obligation of the Securities Administrator Supplemental Interest Trust Trustee (A) to deposit any Net Derivative Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a) and 4.02(a)(ii)(B)(a), and any Swap Termination Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a), 4.02(a)(ii)(B)(a) and 4.02(a)(iii)(F4.02(a)(iii)(H), into the Supplemental Interest Trust Account (B) to pay any Net Derivative Payment required pursuant to Section 4.02(e)(i) or Swap Termination Payment required pursuant to Sections 4.02(e)(ii) or Section 4.02(e)(ix4.02(e)(x), as applicable, to the Swap Counterparty 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 4.06. 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 the 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 Securities Administrator (A) to deposit any Net Derivative Swap Payment required pursuant to Sections 4.02(a)(i)(A)4.02[ ], 4.02(a)(ii)(A)(a) 4.02[ ] and 4.02(a)(ii)(B)(a)4.02[ ], and any Swap Termination Payment required pursuant to Sections 4.02(a)(i)(A)4.02[ ], 4.02(a)(ii)(A)(a)4.02[ ], 4.02(a)(ii)(B)(a) 4.02[ ] and 4.02(a)(iii)(F)4.02[ ], into the Supplemental Interest Trust Account (B) to pay any Net Derivative Swap Payment required pursuant to Section 4.02(e)(i) 4.02[ ] or Swap Termination Payment required pursuant to Sections 4.02(e)(ii) 4.02[ ] or Section 4.02(e)(ix)4.02[ ], as applicable, to the Swap Counterparty and (C) 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 4.06. 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 the 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 the obligation of the Securities Administrator (A) to deposit any Net Derivative Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a) and 4.02(a)(ii)(B)(a), and any Swap Termination Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a), 4.02(a)(ii)(B)(a) and 4.02(a)(iii)(F), into the Supplemental Interest Trust Account (B) to pay any Net Derivative Payment required pursuant to Section 4.02(e)(i) or Swap Termination Payment required pursuant to Sections 4.02(e)(ii) or Section 4.02(e)(ix), as applicable, to the Swap Counterparty 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 4.06. 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 the 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 Securities Administrator (A) to deposit any Net Derivative Swap Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a) and 4.02(a)(ii)(B)(a), and any Swap Termination Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a), 4.02(a)(ii)(B)(a) and 4.02(a)(iii)(F), into the Supplemental Interest Trust Account (B) to pay any Net Derivative Swap Payment required pursuant to Section 4.02(e)(i) or Swap Termination Payment required pursuant to Sections 4.02(e)(ii) or ), Section 4.02(e)(ix), as applicable, applicable to the Swap Counterparty and (C) 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 4.06. 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 the 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 the obligation of the Securities Administrator Supplemental Interest Trust Trustee (A) to deposit any Net Derivative Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a) and 4.02(a)(ii)(B)(a), and any Swap Termination Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a), 4.02(a)(ii)(B)(a) and 4.02(a)(iii)(F4.02(a)(iii)(G), into the Supplemental Interest Trust Account (B) to pay any Net Derivative Payment required pursuant to Section 4.02(e)(i) or Swap Termination Payment required pursuant to Sections 4.02(e)(ii) or Section 4.02(e)(ix4.02(e)(x), as applicable, to the Swap Counterparty 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 4.06. 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 the 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 the obligation of the Securities Administrator (A) to deposit any Net Derivative Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a) and 4.02(a)(ii)(B)(a), and any Swap Termination Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a), 4.02(a)(ii)(B)(a) and 4.02(a)(iii)(F4.02(a)(iii)(G), into the Supplemental Interest Trust Account (B) to pay any Net Derivative Payment required pursuant to Section 4.02(e)(i) or Swap Termination Payment required pursuant to Sections 4.02(e)(ii) or Section 4.02(e)(ix4.02(e)(x), as applicable, to the Swap Counterparty 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 4.06. 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 the 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 the obligation of the Securities Administrator securities administrator of the Supplemental Interest Trust (A) to deposit any Net Derivative Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a) and 4.02(a)(ii)(B)(a), and any Swap Termination Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a), 4.02(a)(ii)(B)(a) and 4.02(a)(iii)(F4.02(a)(iii)(E), into the Supplemental Interest Trust Account (B) to pay any Net Derivative Payment required pursuant to Section 4.02(e)(i) or Swap Termination Payment required pursuant to Sections 4.02(e)(ii) or Section 4.02(e)(ix), as applicable, to the Swap Counterparty 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 4.06. 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 the 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 Securities Administrator (A) to deposit any Net Derivative Swap Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a) and 4.02(a)(ii)(B)(a), and any Swap Termination Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a), 4.02(a)(ii)(B)(a) and 4.02(a)(iii)(F4.02(a)(iii)(E), into the Supplemental Interest Trust Account (B) to pay any Net Derivative Swap Payment required pursuant to Section 4.02(e)(i) or Swap Termination Payment required pursuant to Sections 4.02(e)(ii) or Section 4.02(e)(ix4.02(e)(viii), as applicable, to the Swap Counterparty and (C) 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 4.06. 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 the 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 the obligation of the Securities Administrator trustee of the Supplemental Interest Trust (A) to deposit any Net Derivative Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a) and 4.02(a)(ii)(B)(a), and any Swap Termination Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a), 4.02(a)(ii)(B)(a) and 4.02(a)(iii)(F4.02(a)(iii)(G), into the Supplemental Interest Trust Account (B) to pay any Net Derivative Payment required pursuant to Section 4.02(e)(i) or Swap Termination Payment required pursuant to Sections 4.02(e)(ii) or Section 4.02(e)(ix4.02(e)(x), as applicable, to the Swap Counterparty 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 4.06. 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 the 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 the obligation of the Securities Administrator securities administrator of the Supplemental Interest Trust (A) to deposit any Net Derivative Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a) and 4.02(a)(ii)(B)(a), and any Swap Termination Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a), 4.02(a)(ii)(B)(a) and 4.02(a)(iii)(F4.02(a)(iii)(G), into the Supplemental Interest Trust Account (B) to pay any Net Derivative Payment required pursuant to Section 4.02(e)(i) or Swap Termination Payment required pursuant to Sections 4.02(e)(ii) or Section 4.02(e)(ix4.02(e)(x), as applicable, to the Swap Counterparty 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 4.06. 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 the 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 the obligation of the Securities Administrator (A) to deposit any Net Derivative Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a) and 4.02(a)(ii)(B)(a), and any Swap Termination Payment required pursuant to Sections 4.02(a)(i)(A), 4.02(a)(ii)(A)(a), 4.02(a)(ii)(B)(a) and 4.02(a)(iii)(F4.02(a)(iii)(E), into the Supplemental Interest Trust Account (B) to pay any Net Derivative Payment required pursuant to Section 4.02(e)(i) or Swap Termination Payment required pursuant to Sections 4.02(e)(ii) or Section 4.02(e)(ix), as applicable, to the Swap Counterparty 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 4.06. 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 the 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 the obligation of the Securities Administrator trustee of the Supplemental Interest Trust (A) to deposit any Net Derivative Payment required pursuant to Sections 4.02(a)(i)(A4.02(a)(i)(B), 4.02(a)(ii)(A)(a) and 4.02(a)(ii)(B)(a), and any Swap Termination Payment required pursuant to Sections 4.02(a)(i)(A4.02(a)(i)(B), 4.02(a)(ii)(A)(a), 4.02(a)(ii)(B)(a) and 4.02(a)(iii)(F4.02(a)(iii)(I), into the Supplemental Interest Trust Account (B) to pay any Net Derivative Payment required pursuant to Section 4.02(e)(i) or Swap Termination Payment required pursuant to Sections 4.02(e)(ii) or Section 4.02(e)(ix4.02(e)(x), as applicable, to the Swap Counterparty 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 4.06. 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 the 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 the obligation of the Securities Administrator securities administrator of the Supplemental Interest Trust (A) to deposit any Net Derivative Payment required pursuant to Sections 4.02(a)(i)(A4.02(a)(i)(B), 4.02(a)(ii)(A)(a) and 4.02(a)(ii)(B)(a), and any Swap Termination Payment required pursuant to Sections 4.02(a)(i)(A4.02(a)(i)(B), 4.02(a)(ii)(A)(a), 4.02(a)(ii)(B)(a) and 4.02(a)(iii)(F4.02(a)(iii)(G), into the Supplemental Interest Trust Account (B) to pay any Net Derivative Payment required pursuant to Section 4.02(e)(i) or Swap Termination Payment required pursuant to Sections 4.02(e)(ii) or Section 4.02(e)(ix4.02(e)(x), as applicable, to the Swap Counterparty 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 4.06. 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.