Rights of Creditors and Third Parties under Agreement Sample Clauses

Rights of Creditors and Third Parties under Agreement. This Agreement is made by the Member for the exclusive benefit of the Company, its Member, and their successors and assignees. This Agreement is expressly not intended for the benefit of any creditor of the Company or any other Person. Except and only to the extent provided by applicable statute, no such creditor or third party shall have any rights under this Agreement or any agreement between the Company and the Member with respect to any Capital Contribution or otherwise.
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Rights of Creditors and Third Parties under Agreement. This Agreement is entered into among the Company and the Members for the exclusive benefit of the Company, its Members, and their successors and assignees. The Agreement is expressly not intended for the benefit of any creditor of the Company or any other person. Except and only to the extent provided by applicable statute, no creditor or third party shall have any rights under this Agreement or any agreement between the Company and any Member with respect to any capital contribution or otherwise.
Rights of Creditors and Third Parties under Agreement. The Indenture Trustee and the Noteholders are intended third party beneficiaries of this Agreement. Except and only to the extent provided herein or by applicable statute, no creditor of the Company or any other third party shall have any rights under this Agreement or any agreement between the Company and the Member with respect to any Capital Contribution or otherwise.
Rights of Creditors and Third Parties under Agreement. This Agreement is entered into between the Members and the Company for the exclusive benefit of the Company, its Members, the Management Committee and their successors and assignees and, to the extent provided in Sections 5.1(b) and 7.2, Experian. This Agreement is expressly not intended for the benefit of any creditor of the Company or any other Person other than Experian to the extent provided in Sections 5.1(b) and 7.2. Except and only to the extent provided by applicable statute, no such creditor or third party (other than Experian to the extent provided in Sections 5.1(b) and 7.2) shall have any rights under this Agreement or any agreement between the Company and the Members with respect to any Capital Contribution or otherwise.
Rights of Creditors and Third Parties under Agreement. The parties intend this Agreement to benefit only themselves and any persons that become their successors and assignees in accordance with the Agreement. The Agreement is expressly not intended for the benefit of any creditor of the LLC or of any creditor of a Member or for the benefit of any other person who is not a party to the Agreement. [SIGNATURES OF MEMBERS ON FOLLOWING PAGES] SIGNATURES AND DATES -- MANAGERS In witness of their acceptance of the terms and conditions of this LLC operating agreement, the Manager or Managers, have signed this Agreement as follows: MANAGER: ABC Towing, LLC, an Oklahoma limited liability company, By: Xxxxx Xxxxx ABC Towing, LLC, an Oklahoma limited liability company, By: Xxx Xxxxx
Rights of Creditors and Third Parties under Agreement. The parties intend this Agreement to benefit only themselves and any persons that become their successors and assignees in accordance with the Agreement. The Agreement is expressly not intended for the benefit of any creditor of the LLC or of any creditor of a Member or for the benefit of any other person who is not a party to the Agreement. [SIGNATURES OF MEMBERS ON FOLLOWING PAGE] Signatures and Dates In witness of their acceptance of the above terms and conditions of this LLC operating agreement, the parties, by themselves or by their duly authorized representatives, have duly signed and dated this Agreement as follows: in his/her capacity as a Member and Manager (Date) in his/her capacity as a Member and Manager (Date) in his/her capacity as a Member and Manager (Date) Exhibit “A” Members and Member Addresses The Members of the LLC and their respective address for notice purposes are as follows: Member Member Address Member Ownership Percentages, Contributions and Units The Members’ ownership percentages, contributions and voting units are as follows in consideration of the contributions made by the Members. If not stated below, the Members shall maintain records of contributions with the LLC’s bookkeeping and tax records. Member Member Contrib. Member Units Member % Member Heirs Member Member Heir or No Transfer Exhibit “B” Determination of Purchase Price and Non-Price Terms of Redemptions and Cross-Purchases Under Section 9 The following shall be subject to any agreements by and between the Members as to options for the purchase of a Member’s Membership interests.
Rights of Creditors and Third Parties under Agreement. This Agreement is entered into among the Company and the Members for the exclusive benefit of the Company, its Members, and their successors and assignees. The Agreement is expressly not intended for the benefit of any creditor of the Company or any other person. Except and only to the extent provided by applicable statute, no creditor or third party shall have any rights under the Agreement or any agreement between the Company and any Member with respect to any capital contribution or otherwise. (THIS SPACE INTENTIONALLY LEFT BLANK.) PAGE 82 of 88 45
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Rights of Creditors and Third Parties under Agreement. This Agreement is entered into among the Company and the Stockholders for the exclusive benefit of the Company, its Stockholders, and their successors and assignees, including without limitation, in the case of TeleHub Communications Corporation, TeleHub Technologies Corporation, the Collateral Agent and the holders of the Notes. This Agreement is expressly not intended for the benefit of any creditor of the Company or any other person. Except and only to the extent provided by applicable law, no such creditor or third party shall have any rights under this Agreement or any agreement between the Company and any Stockholder.
Rights of Creditors and Third Parties under Agreement. This Agreement is entered into between the Company and the Members for the exclusive benefit of the Company, the Members, and their heirs, personal representatives, successors, and assigns. The Agreement is expressly not intended for the benefit of any creditor of the Company or any other Person. Except and only to the extent provided by applicable statute, no such creditor or third party will have any rights under the Agreement or any agreement between the Company and any Members with respect to any Capital Contribution or otherwise. The Members will have no liability for the debts, obligations, and liabilities of the Company except as expressly provided by the Act.

Related to Rights of Creditors and Third Parties under Agreement

  • Rights of Creditors (a) This Agreement is unfunded. Neither the Director nor any other persons shall have any interest in any specific asset or assets of the Funds by reason of any Deferral Accounts hereunder, nor any rights to receive distribution of his Deferral Accounts except and as to the extent expressly provided hereunder. The Funds shall not be required to purchase, hold or dispose of any investments pursuant to this Agreement; however, if in order to cover their obligations hereunder the Funds elect to purchase any investments the same shall continue for all purposes to be a part of the general assets and property of the Funds, subject to the claims of their general creditors and no person other than the Funds shall by virtue of the provisions of this Agreement have any interest in such assets other than an interest as a general creditor.

  • Limitations on Rights of Third Parties The provisions of this Agreement are solely for the benefit of the Seller, the Issuer, the Indenture Trustee (for the benefit of the Secured Parties) and the other Persons expressly referred to herein, and such Persons shall have the right to enforce the relevant provisions of this Agreement. Nothing in this Agreement, whether express or implied, shall be construed to give to any other Person any legal or equitable right, remedy or claim in the Recovery Property or under or in respect of this Agreement or any covenants, conditions or provisions contained herein.

  • Parties in Interest; Third Party Beneficiaries The parties hereto hereby agree that their respective agreements and obligations set forth herein are solely for the benefit of the other party hereto and its respective successors and permitted assigns, in accordance with and subject to the terms of this Agreement, and this Agreement is not intended to, and does not, confer upon any Person other than the parties hereto and their respective successors and permitted assigns any benefits, rights or remedies under or by reason of, or any rights to enforce or cause Parent to enforce, the obligations set forth herein; provided, that (i) the Company is an express third party beneficiary of this Agreement and shall have the enforcement rights provided in Section 5 of this Agreement and no others, and (ii) any Non-Recourse Party may rely on and enforce the provisions of Section 3 hereof.

  • No Violation of Rights of Third Parties Executive warrants that the performance of all the terms of this Agreement does not and will not breach any agreement to keep in confidence proprietary information, knowledge or data acquired by Executive prior to Executive’s employment with Employer. Executive agrees not to disclose to Employer, or induce Employer to use, any confidential or proprietary information or material belonging to any previous employers or others. Executive warrants that Executive is not a party to any other agreement that will interfere with Executive’s full compliance with this Agreement. Executive further agrees not to enter into any agreement, whether written or oral, in conflict with the provisions of this Agreement while such provisions remain effective.

  • Rights of the Parties Nothing expressed or implied in this Agreement is intended or will be construed to confer upon or give any Person other than the parties hereto any rights or remedies under or by reason of this Agreement or any transaction contemplated hereby.

  • Rights of Third Parties A person who is not a Party to this Agreement has no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of this Agreement. This clause shall not affect any right or remedy of a third party which exists or is available apart from that Act.

  • Parties in Interest; No Third Party Beneficiaries Except as otherwise provided herein, the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. Neither this Agreement nor any other agreement contemplated hereby shall be deemed to confer upon any person not a party hereto or thereto any rights or remedies hereunder or thereunder.

  • Certain Rights of the Collateral Agent The Collateral Agent shall have the right to take any action with respect to the Collateral, on behalf of all of the Secured Parties. To the extent practical, the Collateral Agent shall request instructions from the Secured Parties with respect to any material act or action (including failure to act) in connection with the Agreement or any other Transaction Document, and shall be entitled to act or refrain from acting in accordance with the instructions of Secured Parties holding a majority in principal amount of Notes (based on then-outstanding principal amounts of Notes at the time of any such determination); if such instructions are not provided despite the Collateral Agent’s request therefor, the Collateral Agent shall be entitled to refrain from such act or taking such action, and if such action is taken, shall be entitled to appropriate indemnification from the Secured Parties in respect of actions to be taken by the Collateral Agent; and the Collateral Agent shall not incur liability to any person or entity by reason of so refraining. Without limiting the foregoing, (a) no Secured Party shall have any right of action whatsoever against the Collateral Agent as a result of the Collateral Agent acting or refraining from acting hereunder in accordance with the terms of the Agreement or any other Transaction Document, and the Debtors shall have no right to question or challenge the authority of, or the instructions given to, the Collateral Agent pursuant to the foregoing and (b) the Collateral Agent shall not be required to take any action which the Collateral Agent believes (i) could reasonably be expected to expose it to personal liability or (ii) is contrary to this Agreement, the Transaction Documents or applicable law.

  • Certain Rights of the Agents If any of the Agents shall request instructions from the Required Lenders with respect to any act or action (including failure to act) in connection with this Agreement, any other Credit Document or the Hermes Cover, the Agents shall be entitled to refrain from such act or taking such action unless and until the Agents shall have received instructions from the Required Lenders; and the Agents shall not incur liability to any Person by reason of so refraining. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Agents as a result of any of the Agents acting or refraining from acting hereunder or under any other Credit Document in accordance with the instructions of the Required Lenders.

  • Incorporation of Credit Agreement Provisions The provisions contained in Section 11.6 (Indemnification), Section 12.8 (Governing Law; Submission to Jurisdiction) and Section 12.9 (Waiver of Jury Trial) of the Credit Agreement are incorporated herein by reference to the same extent as if reproduced herein in their entirety.

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