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.
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 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 Trust Swap Payment required pursuant to Section 4.02(a)(vi) and any Swap Termination Payment required pursuant to Sections 4.02(a)(vi), (c)(i), (d)(i) and (e)(xv) into the Supplemental Interest Account and (B) to establish and maintain the Supplemental Interest Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 4.07. For the protection and enforcement of the provisions of this Section, the Swap Counterparty shall be entitled to relief as can be given either at law or in equity.
Rights of Swap Counterparty. The Swap Counterparty, if any, 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 to enforce its rights under this Agreement. For the protection and enforcement of the provisions of this Section, the Swap Counterparty shall be entitled to 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 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 Trust Swap Payment required pursuant to Section 4.01(a)(1)(i), 4.01(a)(2)(A)(i), 4.01(a)(2)(B)(i) and 4.01(a)(3)(a)(xxxvii) and any Swap Termination Payment required pursuant to Sections 4.01(a)(1)(i), 4.01(a)(2)(A)(i), 4.01(a)(2)(B)(i) and 4.01(a)(3)(xxxvii) into the Supplemental Interest Account and (B) to establish and maintain the Supplemental Interest Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 4.07. For the protection and enforcement of the provisions of this Section, the Swap Counterparty shall be entitled to 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 to enforce its rights under this Agreement, which rights include but are not limited to, the obligation of the Master Servicer (A) to deposit any Net Trust Swap Payment required pursuant to Section 4.01(a)(1)(i) and any Swap Termination Payment required pursuant to Sections 4.01(a)(1)(i), 4.01(a)(2)(A)(i), 4.01(a)(2)(B)(i) and 4.01(a)(3)(xxxix) into the Supplemental Interest Account and (B) to establish and maintain the Supplemental Interest Account, to make such deposits thereto, investments therein and distributions therefrom as are required pursuant to Section 4.07. For the protection and enforcement of the provisions of this Section, the Swap Counterparty shall be entitled to relief as can be given either at law or in equity.
Rights of Swap Counterparty. Nothing herein shall be deemed to restrict the rights of the Swap Counterparty to take such action as it deems necessary to protect its interests under this Indenture and the Swap Documents.
Rights of Swap Counterparty. Not Applicable.
Rights of Swap Counterparty. 97 Section 5.10. Termination Receipts. 97 Section 5.11. Class X Account. 98 ARTICLE VI CONCERNING THE TRUSTEE EVENTS OF DEFAULT 99 Section 6.01. Duties of Trustee. 99 Section 6.02. Certain Matters Affecting the Trustee. 103 Section 6.03. Trustee Not Liable for Certificates. 104 Section 6.04. Trustee May Own Certificates. 104 Section 6.05. Eligibility Requirements for Trustee. 105 Section 6.06. Resignation and Removal of Trustee. 105 Section 6.07. Successor Trustee. 106 Section 6.08. Merger or Consolidation of Trustee. 107 Section 6.09. Appointment of Co-Trustee, Separate Trustee or Custodian. 107 Section 6.10. Authenticating Agents. 109 Section 6.11. Indemnification of Trustee. 109 Section 6.12. Fees and Expenses of Trustee and Custodians. 110 Section 6.13. Collection of Monies. 111 Section 6.14. Events of Default; Trustee To Act; Appointment of Successor. 111 Section 6.15. Additional Remedies of Trustee Upon Event of Default. 115 Section 6.16. Waiver of Defaults. 115 Section 6.17. Notification to Holders. 116 Section 6.18. Directions by Certificateholders and Duties of Trustee During Event of Default. 116 Section 6.19. Action Upon Certain Failures of the Master Servicer and Upon Event of Default. 116 Section 6.20. Preparation of Tax Returns and Reports to the Commission. 117 Section 6.21. Compliance with Regulation AB. 125 Section 6.22. Reporting Requirements of the Commission. 126 ARTICLE VII PURCHASE OF MORTGAGE LOANS AND TERMINATION OF THE TRUST FUND 126
Rights of Swap Counterparty. The parties to this Indenture acknowledge and agree that, pursuant to the Swap Agreement, the Issuer has agreed that it will not enter into any amendment, modification or supplement to this Indenture or any other Basic Document that would materially and adversely affect (A) the Swap Counterparty’s ability to enforce or protect its rights or remedies under the Swap Agreement, (B) the ability of the Issuer to timely and fully perform its obligations under the Swap Agreement, or (C) any of the Issuer’s obligations under the Swap Agreement or any Basic Document (including priority of payments), without first obtaining the prior written consent of the Swap Counterparty to any such amendment, modification or supplement. Any such amendment, modification or supplement without the written consent of the Swap Counterparty shall not be binding on the Swap Counterparty.
Rights of Swap Counterparty. 122 SECTION 4.09 Replacement of Swap Counterparty. 122 ARTICLE V THE CERTIFICATES 123 SECTION 5.01 The Certificates. 123 SECTION 5.02 Certificate Register; Registration of Transfer and Exchange of Certificates. 124 SECTION 5.03 Mutilated, Destroyed, Lost or Stolen Certificates. 132 SECTION 5.04 Persons Deemed Owners. 132 SECTION 5.05 Access to List of Certificateholders’ Names and Addresses. 132 SECTION 5.06 Maintenance of Office or Agency. 133 ARTICLE VI THE DEPOSITOR, THE SELLER, THE SERVICERS AND ANY SPECIAL SERVICER 133
