Agreement Not for the Benefit of Other Parties Sample Clauses

Agreement Not for the Benefit of Other Parties. This Facilities Agreement is not intended for the benefit of and shall not be construed to create rights in parties other than the Authority, the Company, NAEC, the Trustee and the Bondowners.

Agreement Not for the Benefit of Other Parties. (a) Except as set forth in clause (b) of this Section 10.05, this PFS Contract is not intended for the benefit of and shall not be construed to create rights in parties other than the Commonwealth, JVS, SFI, SFMA, the Independent Evaluator and JFF. (b) The Commonwealth acknowledges that SFMA will collaterally assign the right to payment set forth in this PFS Contract to its Funding Partners (together with their successors and assigns, the “Assignees”) as collateral for the obligations of SFMA to the Assignees, and the Commonwealth hereby consents to such collateral assignment. The Commonwealth agrees that no amendment to this PFS Contract that affects the amount or timing of Success Payments hereunder shall be valid without the prior written consent of each Assignee. Each Assignee shall be a third party beneficiary of the Success Payment provisions of this PFS Contract and shall be entitled to enforce the payment provisions hereof.

Agreement Not for the Benefit of Other Parties. (a) Except as set forth in clause (b) of this Section 9.04, this Contract is not intended for the benefit of and shall not be construed to create rights in parties other than the State and the Lead Provider. (b) The State acknowledges that the Lead Provider may collaterally assign its rights under this Contract to the Investors in accordance with a collateral assignment that may be executed contemporaneously with or subsequent to the date hereinabove (together with their successors and assigns, the “Assignees”) as collateral for the obligations of the Lead Provider to the Assignees, and, provided that the collateral assignment comports with the terms of this Contract, the State hereby consents to such collateral assignment. Whether or not the Lead Provider executes any such collateral assignment, the Parties agree that all of the provisions of this Contract that provide for the disbursement or transfer of funds to or for the benefit of the Investors, the delivery of notice, information, or documents to the Investors, the approval of or consent by the Investors, directions that the Investors are permitted to give, and the Investors’ participation with respect to the Operating Committee and the Governance Committee are intended for the specific and direct benefit of the Investors; that neither the State nor the Lead Provider may modify or terminate such provisions (including this Section 9.04(b)) without Investor Consent; that the Investors shall be deemed third-party beneficiaries of such provisions; and that the Investors shall be entitled to enforce such provisions in the same manner and to the same extent as though the Investors were a party to this Contract for such purposes.

Agreement Not for the Benefit of Other Parties. This Supplemental Indenture and Amendment is not intended for the benefit of and shall not be construed to create rights in parties other than the Company, the Guarantor, the Trustee, the Administrative Trustee, the Property Trustee, the Guarantee Trustee and the Holders.

Agreement Not for the Benefit of Other Parties. (a) Except as set forth in clause (b) of this Section 9.04, this Contract is not intended for the benefit of and shall not be construed to create rights in parties other than the City and the SPV. (b) The City acknowledges that the SPV may collaterally assign its right under this Contract to the Lenders in accordance with a collateral assignment that may be executed subsequent to the date hereinabove (together with their successors and assigns, the “Assignees”) as collateral for the obligations of the SPV to the Assignees, and the City hereby consents to such collateral assignment. Each Assignee shall be a third party beneficiary of the payment provisions of this Contract and shall be entitled to enforce the payment provisions hereof.

Agreement Not for the Benefit of Other Parties. Except as expressly provided herein, this Agreement is not intended for the benefit of and shall not be construed to create rights in parties other than the Borrower, the Issuer, the Trustee, the Remarketing Agent, the Bank and the Bondowners.

Agreement Not for the Benefit of Other Parties. Bond Insurer is Third Party Beneficiary. Except as set forth in Section 5.20 and Article VIII hereof, nothing in this Agreement expressed or implied is intended or shall be construed to confer upon, or to give or grant to, any person or entity, other than the Issuer, the Company, the Trustee, Ambac Assurance, the Paying Agent, if any, and the registered owners of the Bonds, any right, remedy or claim under or by reason of this Agreement or any covenant, condition or stipulation hereof, and all covenants; stipulations, promises and agreements in this Agreement contained by and on behalf of the Issuer or the Company shall be for the sole and exclusive benefit of the Issuer, the Company, the Trustee, Ambac Assurance, the Paying Agent, if any, and the registered owners of the Bonds. To the extent that this Agreement confers upon or gives or grants to Ambac Assurance (individually or as Bond Insurer) any right, remedy or claim under or by reason of this Agreement, Ambac Assurance is hereby explicitly recognized as being a third-party beneficiary 90 96 hereunder and may enforce any such right, remedy or claim conferred, given or granted hereunder.

Agreement Not for the Benefit of Other Parties. This Agreement is not intended for the benefit of, and shall not be construed to create rights in, parties other than the Borrowers, the Issuer, the Administrative Agent and the Noteholders. Notwithstanding the foregoing or any other provision hereof to the contrary, it is specifically acknowledged and agreed that, to the extent of their rights hereunder (including, without limitation, their rights to immunity and exculpation from pecuniary liability) each Issuer Indemnified Person is a third-party beneficiary of this Agreement entitled to enforce such rights in his, her, its or their own name.

Agreement Not for the Benefit of Other Parties. This Ramp-Up MOU is not intended for the benefit of and shall not be construed to create rights in parties other than the State, the Department, CCN, SII, Third Sector and the Evaluator.