Common use of Creditors Clause in Contracts

Creditors. None of the provisions of this Agreement shall be for the benefit of, or enforceable by, any creditor of the Member or of the Company. No creditor who makes a loan to the Member or to the Company may have or acquire, solely as a result of making such loan, any membership interest or interest in the profits or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company profits, losses, distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits or property of the CompanyProfits, other than such membership interest or interest in the profits Losses, Distributions, capital or property of the Company that may be expressly granted to such other than as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company profits, losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Members, the Company or any of the Company. No its Affiliates (other than Indemnified Persons), and no creditor who makes a loan to the Member or to any Member, the Company or any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company profits, losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Companyproperty, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Partnership or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Partnership or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Partnership in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Partnership Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member LLC or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member LLC or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the LLC in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits LLC Profits, Losses, Distributions, capital, or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Subsidiaries, and no creditor who makes a loan to the Member Company or to the Company any of its Subsidiaries may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company or any Subsidiary in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Profits, Losses, Distributions, or capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company (other than Indemnified Persons) or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits or property of the CompanyProfits, other than such membership interest or interest in the profits Losses, Distributions, capital or property of the Company that may be expressly granted to such other than as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company profits, losses, distributions, capital or property of the Company, other than such membership interest as a secured or interest unsecured creditor in the profits or property of the Company that may be expressly granted to such creditor, accordance with the written consent of the Member or an officer of the Company, pursuant to the terms of such loanapplicable law.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits or property of the Companyprofits, other than such membership interest or interest in the profits losses, Distributions, capital or property of the Company that may be expressly granted to such other than as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Profits, Losses, Distributions, capital or property or the rights of the Company, Board to require Capital Contributions other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Partnership or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Partnership or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Partnership in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Partnership Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company (other than Indemnified Persons in their capacity as such) or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits or property of the CompanyProfits, other than such membership interest or interest in the profits Losses, Distributions, capital or property of the Company that may be expressly granted to such other than as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be are for the benefit of, of or may be enforceable by, by any creditor creditors of the Member Company or of the Company. No any of its Affiliates, and no creditor who that makes a loan to the Member Company or to the Company any of its Affiliates may have or acquireacquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time, solely as a result of making such the loan, any membership interest direct or indirect interest in the profits Company profits, losses, gains, distributions, capital, or property of the Company, other than such membership interest as a secured creditor or interest in the profits or property of the Company that may be expressly granted to such unsecured creditor, with as the written consent of the Member or an officer of the Company, pursuant to the terms of such loancase may be.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of the creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement or security agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company profits, losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member LLC or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member LLC or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the LLC in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits LLC Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Corporation or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Corporation or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Corporation in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Corporation’s profits, losses, distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Companyproperty, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.as a secured creditor.‌

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such Creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company’s Profits, Losses, Distributions, capital, or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor non-Member creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Net Income, Net Loss, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor of the Member or creditors of the Company. No , and no creditor who makes a loan to the Member or to the Company may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of the creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Net Profits, Net Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in Profits, Losses, Distributions or the profits Company’s capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. (a) None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company profits, losses, distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Partnership or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Partnership or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement or security agreement executed by the Partnership in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Partnership profits, losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits or property of the CompanyNet Profits and Net Losses, other than such membership interest or interest in the profits Distributions, capital or property of the Company that may be expressly granted to such other than as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Profits, Losses, Distributions, capital or property or the rights of the Company, Manager to require Capital Contributions other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, or enforceable by, any creditor of the Member or of the Company. No creditor who makes a loan to the Member or to the Company may have or acquire, solely as a result of making such loan, any membership interest or interest in the profits or property of the Company, other than such membership interest or interest in the profits or property property, of the Company that may be expressly granted to such creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits profits, losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.. 7.07

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely as a result of making such loan, any membership interest or interest in the profits or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such creditor, with the written consent of the Member or an officer of the Company, acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such loancreditor) at any time as a 43 result of making the loan any direct or indirect interest in Company Profits, Losses, Distributions, capital or property other than as a secured creditor.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits or property of the CompanyProfits, other than such membership interest or interest in the profits Losses, distributions, capital or property of the Company that may be expressly granted to such other than as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of the creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.. Section 16.07

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor of the Member or creditors of the Company. No , and no creditor who makes a loan to the Member or to the Company may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Abatement Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, or enforceable by, any creditor of the Member or of the CompanyTrading Fund. No creditor who makes a loan to the Member or to the Company Trading Fund may have or acquire, solely as a result of making such loan, any membership interest or interest in the profits or property of the CompanyTrading Fund, other than such membership interest or interest in the profits or property of the Company Trading Fund that may be expressly granted to such creditor, with the written consent of the Member or an officer of the CompanyMember, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates solely because it is a creditor, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time solely as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or be enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company’s Profits, Losses, distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits profits, losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits profits, losses, distributions, capital, or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, gains, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Profits, losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who or which makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit ofof or, or to the fullest extent permitted by law, enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company profits, losses, distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquireacquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time, solely as a result of making such the loan, any membership interest direct or indirect interest in the profits Company profits, losses, gains, distributions, capital or property of the Company, other than such membership interest as a secured creditor or interest in the profits or property of the Company that may be expressly granted to such unsecured creditor, with as the written consent of the Member or an officer of the Company, pursuant to the terms of such loancase may be.

Creditors. None of the provisions of this Operating Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.. 11.5

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable byby any creditors of Holdings LLC or any of its Affiliates, any creditor of the Member or of the Company. No and no creditor who makes a loan to the Member Holdings LLC or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by Holdings LLC in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits LLC Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with as the written consent of the Member or an officer of the Company, pursuant to the terms of such loancase may be.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the 61 terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits or property of the CompanyProfits, other than such membership interest or interest in the profits Losses, Distributions, capital or property of the Company that may be expressly granted to such other than as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be are for the benefit of, of or enforceable by, by any creditor creditors of the Member LLC or any of the Company. No its affiliates, and no creditor who makes a loan to the Member LLC or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the LLC in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or interest indirect interests in the profits profits, losses, distributions, capital or property of the CompanyLLC, other than such membership interest or interest as a secured creditor in the profits or property of the Company that may be expressly granted to such creditor, connection with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for --------- the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquireacquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time, solely as a result of making such the loan, any membership interest direct or indirect interest in the profits Company profits, losses, gains, distributions, capital or property of the Company, other than such membership interest as a secured creditor or interest in the profits or property of the Company that may be expressly granted to such unsecured creditor, with as the written consent of the Member or an officer of the Company, pursuant to the terms of such loancase may be.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits profits, losses, distributions, capital or property or the rights of the Company, Board to require capital contributions other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits any Profits, Losses, distributions, capital, property or property of the Company, other than such membership interest or interest in the profits or property assets of the Company that may be expressly granted to such other than as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates in their capacity as creditors, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company's Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest as a secured creditor (to the extent provided in the profits or property of the Company that may be expressly granted to such creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loanapplicable agreements and instruments).

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of its Affiliates (other than the Company. No Indemnified Persons), and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit ofof or, or to the fullest extent permitted by Law, enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a 40 loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire (except pursuant to the terms of a separate agreement executed by the Company in favor of such creditor) at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits or property of the CompanyProfits, other than such membership interest or interest in the profits Losses, Distributions, capital or property of the Company that may be expressly granted to such other than as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.. US-DOCS\114008886.14

Creditors. None of the provisions of this Agreement --------- shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.

Creditors. None of the provisions of this Agreement shall be for the benefit of, of or enforceable by, by any creditor creditors of the Member Company or any of the Company. No its Affiliates, and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Company Profits, Losses, Distributions, capital or property of the Companyproperty, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a secured creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.. Section 16.08

Creditors. None of the provisions of this Agreement shall be for the benefit ofof or enforceable by any creditors of the Company or any of its Affiliates (unless such creditor is a Member, in its capacity as such, or enforceable by, any creditor FX Parent in its capacity as indirect equityholder and beneficiary of the Member or of the Company. No indemnity under Article XII hereof), and no creditor who makes a loan to the Member Company or to the Company any of its Affiliates may have or acquire, solely acquire at any time as a result of making such loan, the loan any membership interest direct or indirect interest in the profits Distributions, capital or property of the Company, other than such membership interest or interest in the profits or property of the Company that may be expressly granted to such as a creditor, with the written consent of the Member or an officer of the Company, pursuant to the terms of such loan.