Common use of No Other Beneficiaries Clause in Contracts

No Other Beneficiaries. Parent, Merger Sub and Investor acknowledge that the Company shall be a third party beneficiary of the provisions set forth in this letter agreement, as limited by the terms hereof and the limitations in the Merger Agreement. Except for third party beneficiary rights provided in this letter agreement, this letter agreement shall be binding on Investor solely for the benefit of Parent and Merger Sub, and nothing set forth in this letter agreement is intended to or shall confer upon or give to any Person other than Parent and Merger Sub (but solely at the direction of the Investor as contemplated hereby) any benefits, rights or remedies under or by reason of, or any rights to enforce or cause Parent or Merger Sub to enforce the Commitment or any provision of this letter agreement; provided that, notwithstanding anything to the contrary in this letter agreement, any Non-Recourse Party shall be a third party beneficiary of the provisions set forth herein that are for the benefit of any Non-Recourse Party (including the provisions of Sections 3, 6, 7, 8, 10, 11, 12, 14 and 15), and all such provisions shall survive any termination of this letter agreement indefinitely. Without limiting the foregoing, Parent’s and Merger Sub’s creditors shall have no right to enforce this letter agreement or to cause Parent or Merger Sub to enforce this letter agreement.

No Other Beneficiaries. Parent, Merger Sub and Investor acknowledge that the Company shall be a third party beneficiary of the provisions set forth in this letter agreement, as limited by the terms hereof and the limitations in the Merger Agreement. Except for the third party beneficiary rights provided in to the Company under Section 3 of this letter agreement, this letter agreement shall be binding on Investor the Sponsor solely for the benefit of Parent the other parties hereto and Merger Subsuch other parties’ respective successors and permitted assigns, in accordance with and subject to the terms of this letter agreement, and nothing set forth in this letter agreement is intended to or shall confer upon or give to any Person other than Parent the parties hereto and Merger Sub their respective successors and permitted assigns (but solely at the direction of the Investor Sponsor as contemplated hereby) any benefits, rights or remedies under or by reason of, or any rights to enforce or cause Parent the Company or Merger Sub either CDH SPV to enforce enforce, the Commitment Contribution or any provision provisions of this letter agreement; provided provided, that, notwithstanding anything to the contrary in this letter agreement, any Non-Recourse Party Related Person shall be a third party beneficiary of the provisions set forth herein that are for the benefit of any Non-Recourse Party Related Person (including the provisions of Sections 3, 6, 79, 8, 10, 11, 10 and 12, 14 and 15), and all such provisions shall survive any termination of this letter agreement indefinitely. Without limiting the foregoing, Parentthe Company’s and Merger Subor either CDH SPV’s creditors shall have no right to enforce this letter agreement or to cause Parent the Company or Merger Sub either CDH SPV to enforce this letter agreement.