Common use of Third Party Reliance Clause in Contracts

Third Party Reliance. (a) Anything contained herein to the contrary notwithstanding, the covenants of the Company contained in this Agreement (a) are being given by the Company as an inducement to the Stockholders to enter into this Agreement (and the Company acknowledges that the Stockholders have expressly relied thereon) and (b) are solely for the benefit of the Stockholders. Accordingly, no third party (including, without limitation, any holder of capital stock of the Company) or anyone acting on behalf of any thereof other than the Stockholders, shall be a third party or other beneficiary of such covenants and no such third party shall have any rights of contribution against the Stockholders or the Company with respect to such covenants or any matter subject to or resulting in indemnification under this Agreement or otherwise.

Appears in 8 contracts

Samples: Stockholders’ Agreement (Francesca's Holdings CORP), Contribution and Assignment Agreement (Midstates Petroleum Company, Inc.), Registration Rights and Stockholders Agreement (Jones Energy, Inc.)

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Third Party Reliance. (a) Anything contained herein to the contrary notwithstanding, the covenants of the Company contained in this Agreement (a) are being given by the Company as an inducement to the Stockholders to enter into this Agreement (and the Company acknowledges that the Stockholders have expressly relied thereon) and (b) are solely for the benefit of the Stockholders. Accordingly, no third party (including, without limitation, any holder of capital stock Securities of the Company) or anyone acting on behalf of any thereof other than the Stockholders, shall be a third party or other beneficiary of such covenants and no such third party shall have any rights of contribution against the Stockholders or the Company with respect to such covenants or any matter subject to or resulting in indemnification under this Agreement or otherwise.

Appears in 4 contracts

Samples: Stockholders’ Agreement (Pliant Corp), Stockholders’ Agreement (Pliant Corp), Stockholders’ Agreement (Pliant Corp)

Third Party Reliance. (a) Anything contained herein to the contrary notwithstanding, the covenants of the Company Partnership contained in this Agreement (a) are being given by the Company Partnership as an inducement to the Stockholders WPX to enter into this Agreement (and the Company Partnership acknowledges that the Stockholders have WPX has expressly relied thereon) and (b) are solely for the benefit of the StockholdersHolders. Accordingly, no third party (including, without limitation, any holder of capital stock of the CompanyPartnership) or anyone acting on behalf of any thereof other than the StockholdersHolders, shall be a third party or other beneficiary of such covenants and no such third party shall have any rights of contribution against the Stockholders Holders or the Company Partnership with respect to such covenants or any matter subject to or resulting in indemnification under this Agreement or otherwise.

Appears in 2 contracts

Samples: Idr Holders Agreement (Legacy Reserves Lp), Idr Holders Agreement (Legacy Reserves Lp)

Third Party Reliance. (a) Anything contained herein to the contrary notwithstanding, the covenants of the Company contained in this Agreement (ai) are being given by the Company as an inducement to the Stockholders Sellers to enter into this Agreement (and the Company acknowledges that the Stockholders Sellers have expressly relied thereon) and (bii) are solely for the benefit of the StockholdersSellers. Accordingly, no third party (including, without limitation, including any holder of capital stock of the Company) or anyone acting on behalf of any thereof other than the StockholdersSellers, shall be a third party or other beneficiary of such covenants and no such third party shall have any rights of contribution against the Stockholders Sellers or the Company with respect to such covenants or any matter subject to or resulting in indemnification under this Agreement or otherwise.

Appears in 2 contracts

Samples: Registration Rights Agreement (Clayton Williams Energy Inc /De), Standstill Agreement (Clayton Williams Energy Inc /De)

Third Party Reliance. (a) Anything contained herein to the contrary notwithstanding, the covenants of the Company contained in this Agreement (a) are being given by the Company as an inducement to the Stockholders to enter into this Agreement and the other Documents (and the Company acknowledges that the Stockholders have expressly relied thereon) and (b) are solely for the benefit of the Stockholders. Accordingly, no third party (including, without limitation, any holder of capital stock of the Company) or anyone acting on behalf of any thereof other than the Stockholders, shall be a third party or other beneficiary of such covenants and no such third party shall have any rights of contribution against the Stockholders or the Company with respect to such covenants or any matter subject to or resulting in indemnification under this Agreement or otherwise.

Appears in 1 contract

Samples: Stockholders Agreement (RedPrairie Holding, Inc.)

Third Party Reliance. (a) Anything Notwithstanding anything contained herein to the contrary notwithstandingcontrary, the covenants of the Company Corporation contained in this Agreement (a) are being given by the Company Corporation as an inducement to the Stockholders Investors to enter into this Agreement (and the Company Corporation acknowledges that the Stockholders Investors have expressly relied thereon) and (b) are solely for the benefit of the StockholdersInvestors. Accordingly, no third party (including, without limitation, any holder of capital stock of the CompanyCorporation) or anyone acting on behalf of any anyone thereof other than the StockholdersInvestors, shall be a third party or other beneficiary of such covenants and no such third party shall have any rights of contribution against the Stockholders Investors or the Company Corporation with respect to such covenants or any matter subject to or resulting in indemnification under this Agreement or otherwise.

Appears in 1 contract

Samples: Execution Version (PNG Ventures Inc)

Third Party Reliance. (a) Anything Notwithstanding anything contained herein to the contrary notwithstandingcontrary, the covenants of the Company Corporation contained in this Agreement (a) are being given by the Company Corporation as an inducement to the Stockholders to enter into this Agreement (and the Company Corporation acknowledges that the Stockholders have expressly relied thereon) and (b) are solely for the benefit of the Stockholders. Accordingly, no third party (including, without limitation, including any holder of capital stock of the CompanyCorporation) or anyone acting on behalf of any anyone thereof other than the Stockholders, shall be a third party or other beneficiary of such covenants and no such third party shall have any rights of contribution against the Stockholders or the Company Corporation with respect to such covenants or any matter subject to or resulting in indemnification under this Agreement or otherwise.

Appears in 1 contract

Samples: Stockholders' Agreement (Resource America, Inc.)

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Third Party Reliance. (a) Anything contained herein to the contrary notwithstanding, the covenants of the Company contained in this Agreement (a) are being given by the Company as an inducement to the Stockholders Holders to enter into this Agreement (and the Company acknowledges that the Stockholders Holders have expressly relied thereon) and (b) are solely for the benefit of the StockholdersHolders. Accordingly, no third party (including, without limitation, any holder of capital stock of the Company) or anyone acting on behalf of any thereof other than the StockholdersHolders, shall be a third party or other beneficiary of such covenants and no such third party shall have any rights of contribution against the Stockholders Holders or the Company with respect to such covenants or any matter subject to or resulting in indemnification under this Agreement or otherwise.

Appears in 1 contract

Samples: Registration Rights Agreement (Midstates Petroleum Company, Inc.)

Third Party Reliance. (a) Anything contained herein to the contrary notwithstanding, the covenants of the Company contained in this Agreement (ai) are being given by the Company as an inducement to the Stockholders to enter into this Agreement (and the Company acknowledges that the Stockholders have expressly relied thereon) and (bii) are solely for the benefit of the Stockholders. Accordingly, no third party (including, without limitation, any holder of capital stock of the Company) or anyone acting on behalf of any thereof other than the Stockholders, shall be a third party or other beneficiary of such covenants and no such third party shall have any rights of contribution against the Stockholders or the Company with respect to such covenants or any matter subject to or resulting in indemnification under this Agreement or otherwise.

Appears in 1 contract

Samples: Registration Rights and Stockholders Agreement (Jones Energy, Inc.)

Third Party Reliance. (a) Anything contained herein to the contrary notwithstanding, except as expressly provided in Section 4.4 or Section 5.7, the covenants of the Company contained in this Agreement (a) are being given by the Company as an inducement to the Stockholders to enter into this Agreement (and the Company acknowledges that the Stockholders have expressly relied thereon) and (b) are solely for the benefit of the Stockholders. Accordingly, no third party (including, without limitation, including any holder of capital stock of the Company) or anyone acting on behalf of any thereof other than the Stockholders, shall be a third party or other beneficiary of such covenants and no such third party shall have any rights of contribution against the Stockholders or the Company with respect to such covenants or any matter subject to or resulting in indemnification under this Agreement or otherwise.

Appears in 1 contract

Samples: Stockholders’ Agreement (Milacron Holdings Corp.)

Third Party Reliance. (a) Anything Notwithstanding anything contained herein to the contrary notwithstandingcontrary, the covenants of the Company Corporation contained in this Agreement (a) are being given by the Company Corporation as an inducement to the Stockholders to enter into this Agreement (and the Company Corporation acknowledges that the Stockholders have expressly relied thereon) and (b) are solely for the benefit of the Stockholders. Accordingly, no third party (including, without limitation, any holder of capital stock of the CompanyCorporation) or anyone acting on behalf of any anyone thereof other than the Stockholders, shall be a third party or other beneficiary of such covenants and no such third party shall have any rights of contribution against the Stockholders or the Company Corporation with respect to such covenants or any matter subject to or resulting in indemnification under this Agreement or otherwise.

Appears in 1 contract

Samples: Stockholders’ Agreement (Addus HomeCare Corp)

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