OTHER AGREEMENTS; NO THIRD PARTY BENEFICIARIES Sample Clauses

OTHER AGREEMENTS; NO THIRD PARTY BENEFICIARIES. Lender shall have no direct or indirect obligations to Creditor of any kind with respect to the manner or time in which Lender exercises (or refrains from exercising) any of its rights or remedies with respect to the Senior Debt, Borrower or any of Borrower's assets. Creditor understands that there may be various agreements between Lender and Borrower evidencing and governing the Senior Debt, and Creditor acknowledges and agrees that such agreements are not intended to confer any benefits on Creditor. Creditor further acknowledges that Lender may administer the Senior Debt and any of Lender's agreements with Borrower in any way Lender deems appropriate, without regard to Creditor or the Junior Debt. Creditor waives any right Creditor might otherwise have to require a marshaling of any security held by Lender for all or any part of the Senior Debt or to direct or affect the manner or timing with which Lender enforces any of its security. Nothing in this Agreement shall impair or adversely affect any right, privilege, power or remedy of Lender with respect to the Senior Debt, Borrower or any assets of Borrower, including without limitation, Lender's right to: (a) waive, release or subordinate any of Lender's security or rights; (b) waive or ignore any defaults by Borrower; and/or (c) restructure, renew, modify or supplement the Senior Debt, or any portion thereof, or any agreement with Borrower relating to any Senior Debt. All rights, privileges, powers and remedies of Lender may be exercised from time to time by Lender without notice to or consent of Creditor.
Sample 1
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OTHER AGREEMENTS; NO THIRD PARTY BENEFICIARIES. The Investor shall have no direct or indirect obligations to the Creditors of any kind with respect to the manner or time in which the Investor exercises (or refrains from exercising) any of its rights or remedies with respect to the Senior Debt, the Company or any of the Company's assets. Each Creditor understands that there may be various agreements between the Investor and the Company evidencing and governing the Senior Debt, and each Creditor acknowledges and agrees that such agreements are not intended to confer any benefits on such Creditor.
Sample 1
OTHER AGREEMENTS; NO THIRD PARTY BENEFICIARIES. Lender shall have no direct or indirect obligations to Creditor of any kind with respect to the manner or time in which Lender exercises (or refrains from exercising) any of its rights or remedies with respect to the Senior Debt, Borrower or any of Borrower=s assets. Creditor understands that there may be various agreements between Lender and Borrower evidencing and governing the Senior Debt, and Creditor acknowledges and agrees that such agreements are not intended to confer any benefits on Creditor.
Sample 1
OTHER AGREEMENTS; NO THIRD PARTY BENEFICIARIES. Agent shall have no direct or indirect obligations to Creditor of any kind with respect to the manner or time in which Agent exercises (or refrains from exercising) any of its rights or remedies with respect to the Senior Debt, Borrower or any of Borrower's assets. Creditor understands that there may be various agreements between Lenders and Borrower evidencing and governing the Senior Debt, and Creditor acknowledges and agrees that such agreements are not intended to confer any benefits on Creditor.
Sample 1
OTHER AGREEMENTS; NO THIRD PARTY BENEFICIARIES. Senior Lender shall have no direct or indirect obligations to Junior Creditor of any kind with respect to the manner or time in which Senior Lender exercises (or refrains from exercising) any of its rights or remedies with respect to the Senior Debt, Borrower or any of Borrower's assets. Junior Creditor understands that there may be various agreements between Senior Lender and Borrower evidencing and governing the Senior Debt, and Junior Creditor acknowledges and agrees that such agreements are not intended to confer any benefits on Junior Creditor. Junior Creditor further acknowledges that Senior Lender may administer the Senior Debt and any of Senior Lender's agreements with Borrower in any way Senior Lender deems appropriate, without regard to Junior Creditor or the Junior Debt. Junior Creditor waives any right Junior Creditor might otherwise have to require a marshalling of any security held by Senior Lender for all or any part of the Senior Debt or to direct or affect the manner or timing with which Senior Lender enforces any of its security. Nothing in this Agreement shall impair or adversely affect any right, privilege, power or remedy of Senior Lender with respect to the Senior Debt, Borrower or any assets of Borrower, including without limitation, Senior Lender's right to: (a) waive, or release any of Senior Lender's security or rights; (b) waive or ignore any defaults by Borrower; and/or (c) restructure, renew, modify or supplement the Senior Debt, or any portion thereof, or any agreement with Borrower relating to any Senior Debt; provided, however, that Junior Creditor's subordination shall only apply to the Senior Debt as provided in Section 1 hereof. All rights, privileges, powers and remedies of Senior Lender may be exercised from time to time by Senior Lender without notice to or consent of Junior Creditor.
Sample 1
OTHER AGREEMENTS; NO THIRD PARTY BENEFICIARIES. Neither Agent nor any Bank shall have any direct or indirect obligations to Junior Creditor of any kind with respect to the manner or time in which Agent, on behalf of itself and the Banks, exercise (or refrains from exercising), any of their rights or remedies with respect to the Senior Debt, Debtor or any of Debtor's assets. Junior Creditor understands that there may be various agreements between the Agent and the Banks, on the one hand, and Debtor, on the other hand, evidencing and governing the Senior Debt, and Junior Creditor acknowledges and agrees that such agreements are not intended to confer any benefits on Junior Creditor. Junior Creditor further acknowledges that Agent may administer the Senior Debt and any of the Agent's and the Banks' agreements with Debtor in any way Agent or such Banks deem appropriate, without regard to Junior Creditor or the Junior Debt. Junior Creditor waives any right it might otherwise have to require a marshalling of any security held by Agent for all or any part of the Senior Debt or to direct or affect the manner or timing with which Agent, on behalf of itself or any other Bank, enforces any of its security. Nothing in this Agreement shall impair or adversely affect any right, privilege, power or remedy of Agent or any Bank with respect to the Senior Debt, Debtor or any assets of Debtor, including Agent's or the Banks' right to: (a) waive, release or subordinate any of Agent's or any other Bank's security or rights; (b) waive or ignore any defaults by Debtor; and/or (c) restructure, renew, modify or supplement the Senior Debt, or any portion thereof, or any agreement with Debtor relating to any Senior Debt. All rights, privileges, powers and remedies of the Agent and Banks may be exercised from time to time by the Agent (for the benefit of itself and each Bank) without notice to or consent of Junior Creditor.
Sample 1
OTHER AGREEMENTS; NO THIRD PARTY BENEFICIARIES. Verde understands that there may be various agreements between the Senior Lenders and UDC evidencing and governing the Senior Debt, and Verde acknowledges and agrees that such agreements are not intended to confer any benefits on Verde. Verde further acknowledges that the Collateral Agent may administer the Senior Debt and any of the Senior Lenders' agreements with UDC in any way the Collateral Agent may deem appropriate, without regard to Verde or the Junior Debt, except as may be required by applicable law. Verde waives any right Verde might otherwise have to require a marshalling of any security held by the Collateral Agent for all or any part of the Senior Debt or to direct or affect the manner or timing with which the Collateral Agent enforces any of their security.
Sample 1
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Related to OTHER AGREEMENTS; NO THIRD PARTY BENEFICIARIES

  • Assignment; No Third Party Beneficiaries 5.2.1 This Agreement and the rights, duties and obligations of the Company hereunder may not be assigned or delegated by the Company in whole or in part.

  • Entire Agreement; No Third-Party Beneficiaries This Agreement (a) constitutes the entire agreement and supersedes all other prior agreements, both written and oral, among the parties with respect to the subject matter hereof and (b) is not intended to confer upon any Person, other than the parties hereto, any rights or remedies hereunder.

  • No Third Party Beneficiaries This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other person.

  • Successors; No Third Party Beneficiaries Subject to the terms of Article 13, the terms of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity (other than the parties hereto and their respective successors and assigns and, in the case of Article 9, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenants, conditions or provisions contained herein.

  • Entire Understanding; No Third Party Beneficiaries This Agreement (together with the documents, agreements and instruments referred to herein) represents the entire understanding of the parties with respect to the subject matter hereof and supersedes any and all other oral or written agreements heretofore made with respect to the subject matter hereof. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto, any rights or remedies hereunder.

  • Entire Agreement; No Third Party Beneficiary This Agreement, including the Transaction Documents, constitutes the entire agreement, and supersedes all other prior agreements and understandings, both written and oral, among the parties and their Affiliates, or any of them, with respect to the subject matter hereof and thereof. No provision of this Agreement shall confer upon any Person other than the parties hereto and their permitted assigns any rights or remedies hereunder.

  • No Assignment; No Third Party Beneficiaries This Agreement and the rights, duties and obligations hereunder may not be assigned or delegated by the Company or BNYMCM. Any purported assignment or delegation of rights, duties or obligations hereunder shall be void and of no effect. This Agreement and the provisions hereof shall be binding upon and shall inure to the benefit of each of the parties and their respective successors and, to the extent provided in Article VI, the controlling persons, officers, directors, employees and agents referred to in Article VI. This Agreement is not intended to confer any rights or benefits on any Persons other than as set forth in Article VI or elsewhere in this Agreement.

  • Assignments and Transfers; No Third Party Beneficiaries Except as otherwise provided herein, this Agreement and the rights and obligations of the parties hereunder shall inure to the benefit of, and be binding upon, their respective successors, assigns and legal representatives, but shall not otherwise be for the benefit of any third party. The rights of any Holder hereunder are assignable in connection with the transfer (subject to applicable securities and other laws) of Equity Securities held by such Holder; provided, however, that (1) the transferor shall, prior to the effectiveness of such transfer, furnish to the Company written notice of the name and address of such transferee and the Equity Securities that are being assigned to such transferee, (2) the transferor shall cause such transferee to, concurrently with the effectiveness of such transfer, become a party to this Agreement as a Holder and be subject to all applicable restrictions set forth in this Agreement. Subject to Section 6.6, this Agreement and the rights and obligations of any Party hereunder shall not otherwise be assigned without the mutual written consent of the other parties.

  • Xx Third Party Beneficiaries The terms and provisions of this Agreement are intended solely for the benefit of the Parties and their respective successors or permitted assigns, and it is not the intention of the Parties to confer third-party beneficiary rights upon any other Person.

  • Severability; No Third Party Beneficiaries In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby, and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances. A person who is not a party to this Agreement shall have no rights to enforce any provision of this Agreement, and no Fund shall have a right to enforce any provision of this Agreement as it relates to another Fund. BNY Mellon shall not be responsible for any costs or fees charged to a Fund or an affiliate of a Fund by consultants, counsel, auditors, public accountants or other service providers retained by the Fund or any such affiliate.

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