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 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.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Home Equity Asset Trust 2006-6), Pooling and Servicing Agreement (Home Equity Asset Trust 2005-6), Pooling and Servicing Agreement (Home Equity Asset Trust 2005-7)

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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)(xve)(xvi) 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.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Home Equity Asset Trust 2005-9), Pooling and Servicing Agreement (Home Equity Asset Trust 2006-3), Pooling and Servicing Agreement (Home Equity Asset Trust 2005-8)

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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 the designation of an Early Termination Date, 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)(xve)(xiii) 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Asset Trust 2005-4)

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