Common use of Benefits of Agreement; No Third-Party Rights Clause in Contracts

Benefits of Agreement; No Third-Party Rights. Except as set forth in Section 8(d)(iv), none of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Economic Member or an Independent Member. Except as set forth in Section 8(d)(iv), nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Persons) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than Covered Persons).

Appears in 5 contracts

Samples: Limited Liability Company Agreement (Toys R Us Property Co I, LLC), Limited Liability Company Agreement (Toys R Us Property Co I, LLC), Limited Liability Company Agreement (Toys R Us Property Co II, LLC)

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Benefits of Agreement; No Third-Party Rights. Except as set forth in Section 8(d)(iv) and Section 4(c), none of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Economic Member or an Independent Member. Except as set forth in Section 8(d)(iv) and Section 4(c), nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Persons) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than Covered Persons).

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Tru 2005 Re I, LLC), Limited Liability Company Agreement (Tru 2005 Re I, LLC), Limited Liability Company Agreement (Tru 2005 Re I, LLC)

Benefits of Agreement; No Third-Party Rights. Except as set forth in Section 8(d)(iv)for the Lender with respect to the Special Purpose Provisions, (i) none of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Economic Member or an Independent Member. Except as set forth in Section 8(d)(iv), Members and (ii) nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Persons) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than Covered Persons).

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Bluerock Residential Growth REIT, Inc.), Limited Liability Company Agreement (Bluerock Residential Growth REIT, Inc.), Limited Liability Company Agreement (Bluerock Residential Growth REIT, Inc.)

Benefits of Agreement; No Third-Party Rights. Except as set forth in Section 8(d)(iv), none None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Economic Member or an Independent a Special Member. Except as set forth in Section 8(d)(iv), nothing Nothing in this Agreement shall be deemed to create any right in any Person (other than Covered PersonsPersons but only to the extent set forth in Section 20) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than Covered PersonsPersons but only to the extent set forth in Section 20).

Appears in 4 contracts

Samples: Limited Liability Company Agreement (WF Card Funding LLC), Liability Company Agreement (BA Credit Card Funding, LLC), Limited Liability Company Agreement (WF Card Issuance Trust)

Benefits of Agreement; No Third-Party Rights. Except as set forth in Section 8(d)(iv), none None of the provisions of this Agreement (including Section 5.2) shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Economic Member or an Independent a Special Member. Except as set forth in Section 8(d)(iv), nothing Nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Personsthe Indemnified Parties) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than Covered Personsexcept as provided in Section 8.9).

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Efcar, LLC), Limited Liability Company Agreement (Ford Credit Auto Receivables Two LLC), Limited Liability Company Agreement (Ford Credit Auto Receivables Two LLC)

Benefits of Agreement; No Third-Party Rights. Except as set forth in Section 8(d)(iv), none None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Economic Member or an Independent a Special Member. Except as set forth in Section 8(d)(iv), nothing Nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Persons) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than Covered Personsexcept as provided in Section 9.05).

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Wachovia Education Loan Funding LLC), Limited Liability Company Agreement (Wachovia Card Receivables LLC), Liability Company Agreement (Pooled Auto Securities Shelf LLC)

Benefits of Agreement; No Third-Party Rights. Except as set forth in Section 8(d)(iv), none None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Economic Member or an Independent any Special Member. Except as set forth in Section 8(d)(iv), nothing Nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Persons) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than Covered Personsexcept as provided in Section 9.05).

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Carmax Auto Funding LLC), Limited Liability Company Agreement (Carmax Auto Funding LLC), Limited Liability Company Agreement (Bear Stearns Asset Backed Securities I LLC)

Benefits of Agreement; No Third-Party Rights. Except as set forth in Section 8(d)(iv), none None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Economic Member or an Independent the Special Member. Except as set forth in Section 8(d)(iv), nothing Nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Persons) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than Covered PersonsPersons and except as provided in Section 29).

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Dryrock Issuance Trust), Limited Liability Company Agreement (Dryrock Issuance Trust), Limited Liability Company Agreement (Wachovia Mortgage Loan Trust, LLC)

Benefits of Agreement; No Third-Party Rights. Except as set forth in Section 8(d)(iv), none None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company (other than Covered Persons) or by any creditor of the Economic Member or an Independent Member. Except as set forth in Section 8(d)(iv), nothing Nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Persons) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than Covered Persons).

Appears in 3 contracts

Samples: Single Member Limited Liability Company Operating Agreement, Operating Agreement, Operating Agreement

Benefits of Agreement; No Third-Party Rights. Except as set forth in Section 8(d)(iv), none None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Economic Member or an Independent any Member. Except as set forth in Section 8(d)(iv), and nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Personsthe Persons entitled to indemnification as set forth in Article 10 and the fiduciary duty disclaimer provisions set forth in Section 10.5) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than Covered Persons)Person.

Appears in 3 contracts

Samples: Sale and Purchase Agreement (P10, Inc.), Sale and Purchase Agreement (P10, Inc.), Sale and Purchase Agreement (P10, Inc.)

Benefits of Agreement; No Third-Party Rights. Except as set forth in Subject to the last sentence of Section 8(d)(iv), 29: (a) none of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Economic Member or an Independent Member. Except as set forth in Section 8(d)(iv), (b) nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Persons) not a party hereto, hereto and (c) this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than Covered Persons)Person.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Capmark Finance Inc.)

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Benefits of Agreement; No Third-Party Rights. Except as set forth in Section 8(d)(iv), none None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Economic any Member or an Independent Member. Except as set forth in Section 8(d)(iv), and nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Personsthe Manager with respect to indemnity under Section 4.8) not a party hereto, and this . This Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than Covered Persons)Person, except as provided in this Section 9.12. Notwithstanding anything to the contrary contained herein, the Lender and its successors or assigns are intended third-party beneficiaries of Section 4.2 of this Agreement and may enforce this Agreement against the Manager or the Members.

Appears in 1 contract

Samples: Trust Agreement (Versity Invest, LLC)

Benefits of Agreement; No Third-Party Rights. (a) Except as expressly set forth in Section 8(d)(iv)clause (b) below, none of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Economic Member or an Independent a Special Member. Except as expressly set forth in Section 8(d)(iv)clause (b) below, nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Persons) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than Covered Personsexcept as provided in Section 29).

Appears in 1 contract

Samples: Limited Liability Company Agreement (MacKenzie Realty Capital, Inc.)

Benefits of Agreement; No Third-Party Rights. Except as set forth in Section 8(d)(iv), none None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor party other than Owner, Operator or any of the Company or by any creditor either of the Economic Member or an Independent Membertheir respective Affiliates. Except as set forth in Section 8(d)(iv)expressly provided for herein, nothing in this Agreement shall be deemed to create any right in by any Person (party other than Covered Persons) not a party heretoOwner, Operator and any of either of their respective Affiliates and this Agreement instrument shall not be construed in any respect to be a contract in 101 39 whole or in part for the benefit of any third Person (other than Covered Persons)party nor is this instrument intended to create an interest in, or lien upon, the Premises.

Appears in 1 contract

Samples: Lease Agreement (Felcor Suite Hotels Inc)

Benefits of Agreement; No Third-Party Rights. Except as set forth in Section 8(d)(iv), none None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company (other than Covered Persons) or by any creditor of the Economic Member or an Independent Memberthe Special Members. Except as set forth in Section 8(d)(iv), nothing Nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Persons) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than Covered PersonsPersons and except as provided in Section 29).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Mru Abs Ii LLC)

Benefits of Agreement; No Third-Party Rights. (a) Except as expressly set forth in Section 8(d)(iv)clause (b) below, none of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Economic Member or an Independent Member. Except as expressly set forth in Section 8(d)(iv)clause (b) below, nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Persons) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than Covered Personsexcept as provided in Section 29).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Bluerock Residential Growth REIT, Inc.)

Benefits of Agreement; No Third-Party Rights. Except as set forth in Section 8(d)(iv), none None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditor of the Company or by any creditor of the Economic Member or an Independent a Special Member. Except as set forth in Section 8(d)(iv), nothing Nothing in this Agreement shall be deemed to create any right in any Person (other than Covered Persons, each of whom is an intended beneficiary of Section 20) not a party hereto, and this Agreement shall not be construed in any respect to be a contract in whole or in part for the benefit of any third Person (other than except for Covered PersonsPersons and except as provided in Section 29).

Appears in 1 contract

Samples: Credit Agreement (Curis Inc)

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