Parties in Interest; Third Party Beneficiaries. The parties hereto hereby agree that their respective agreements and obligations set forth herein are solely for the benefit of the other party hereto and its respective successors and permitted assigns, in accordance with and subject to the terms of this Agreement, and this Agreement is not intended to, and does not, confer upon any Person other than the parties hereto and their respective successors and permitted assigns any benefits, rights or remedies under or by reason of, or any rights to enforce or cause Parent to enforce, the obligations set forth herein; provided, that (i) the Company is an express third party beneficiary of this Agreement and shall have the enforcement rights provided in Section 5 of this Agreement and no others, and (ii) any Non-Recourse Party may rely on and enforce the provisions of Section 3 hereof.
Parties in Interest; Third Party Beneficiaries. This Agreement shall be binding upon and will inure solely to the benefit of the parties hereto, and to their respective successors and permitted assigns. Except as provided in Section 17, nothing in this Agreement, expressed or implied, is intended, or shall be construed, to confer upon or give to any Person (other than the parties hereto and their successors and permitted assigns) any rights or remedies under or by reason of this Agreement or any term, provision, condition, undertaking, warranty, representation, indemnity, covenant or agreement contained herein.
Parties in Interest; Third Party Beneficiaries. The parties hereto hereby agree that their respective agreements and obligations set forth herein are solely for the benefit of the other party hereto and its respective successors and permitted assigns, in accordance with and subject to the terms of this Agreement, and this Agreement is not intended to, and does not, confer upon any Person other than the parties hereto and their respective successors and permitted assigns any benefits, rights or remedies under or by reason of, or any rights to enforce or cause the Purchaser to enforce, the obligations set forth herein.
Parties in Interest; Third Party Beneficiaries. (a) Neither this Agreement nor any of the rights, duties, or obligations of any party hereunder may be transferred or assigned by a party hereto, except in connection with a Transfer of Interests as specified in Section 2.5. Subject to the foregoing, this Agreement shall be binding upon, and inure to the benefit of the parties hereto and their respective successors and assigns.
Parties in Interest; Third Party Beneficiaries. This commitment letter is for the sole benefit of and shall be binding upon Investor and the MDP VII Funds and their respective successors and permitted assigns. Nothing in this commitment letter, express or implied, is intended to or shall confer upon any person other than Investor and the MDP VII Funds any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this commitment letter, except as provided in Section 4 hereof with respect to Sponsor Related Parties, in Section 12 hereof with respect to Non-Recourse Parties, and that the Parent shall be an express third-party beneficiary of this commitment letter and shall be entitled to seek a decree or order for specific performance to cause Investor to draw down the full proceeds of the Closing Commitment and for the MDP VII Funds to fund the Closing Commitment and to specifically enforce the other provisions of this commitment letter, in each case, subject to the terms and conditions hereof, but only in the event that the Parent would be able to obtain specific performance of the Investor’s obligation to consummate the Investment Closing under the Subscription Agreement pursuant to, and in accordance with, Section 13.4(b) of the Subscription Agreement. For the avoidance of doubt, the Closing Commitment will be funded to Investor and under no circumstances will the Parent or the Company be entitled to or seek that the MDP VII Funds fund, or cause the funding, of the Closing Commitment directly to Parent or the Company. None of Investor’s or the Parent’s creditors (including the Company) shall have any right to enforce this commitment letter or to cause Investor to enforce this commitment letter and none of the Parent’s or the Company’s equity holders or creditors shall have any right to enforce or cause Investor to enforce this commitment letter.
Parties in Interest; Third Party Beneficiaries. This commitment letter is for the sole benefit of and shall be binding upon Parent and Sponsor and their respective successors and permitted assigns. Nothing in this commitment letter, express or implied, is intended to or shall confer upon any person other than Parent and Sponsor any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this commitment letter, including, without limitation, the Company.
Parties in Interest; Third Party Beneficiaries. The parties hereto hereby agree that their respective agreements and obligations set forth herein are solely for the benefit of the other parties hereto and their respective successors and permitted assigns, in accordance with and subject to the terms of this Agreement, and this Agreement is not intended to, and does not, confer upon any Person other than the parties hereto and their respective successors and permitted assigns any benefits, rights or remedies under or by reason of, or any rights to enforce or cause the parties hereto to enforce, the obligations set forth herein; provided, however, the Company shall be entitled to enforce the obligations of the parties hereto as if it were a full party hereto, and the Company may use all available means at law or equity to enforce such obligations hereunder.
Parties in Interest; Third Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement shall be construed to give any Person other than the Parties or the Parties’ respective successors or permitted assigns any legal or equitable right, remedy, or claim under or in respect of this Agreement or any provision contained in this Agreement, it being the intention of the Parties that (except as otherwise expressly provided herein) this Agreement shall be for the sole and exclusive benefit of the Parties or such successors and permitted assigns and not for the benefit of any other Person. Nothing in this Agreement is intended to modify or discharge the obligation or liability of any third party to any Party, and no provision of this Agreement shall give any third party any right of subrogation or action over against any Party.
Parties in Interest; Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of the Parties and their respective successors and permitted assigns, and nothing in this Agreement, express or implied, is intended to or shall confer upon any other Person any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. The representations and warranties in this Agreement are the product of negotiations between the Parties and are for the sole benefit of the Parties. The representations and warranties in this Agreement may represent an allocation between the Parties of risks associated with particular matters regardless of the knowledge of either Party. Accordingly, Persons other than the Parties may not rely upon the representations and warranties in this Agreement as characterizations of actual facts or circumstances as of the date of this Agreement or as of any other date.
Parties in Interest; Third Party Beneficiaries. This Letter shall be binding on Investor solely for the benefit of Parent, and nothing set forth in this Letter shall be construed to confer upon or give to any person other than Parent any benefits, rights or remedies under or by reason of, or any rights to enforce or cause Parent to enforce, the Commitment or any provisions of this Letter; provided that the Company is an express third-party beneficiary hereof and shall have the enforcement rights provided in clause (b) of paragraph 7 and no others.
