Benefits of Agreement Restricted. Subject to the provisions of Section 9.6 hereof, nothing in this Agreement, express or implied, shall give or be construed to give to any Person, firm or corporation, other than the parties hereto and the Holders, any legal or equitable right, remedy or claim under or in respect of this Agreement or under any covenant, condition, or provision herein contained, all such covenants, conditions and provisions, subject to Section 9.6 hereof, being for the sole benefit of the parties hereto and of the Holders.
Benefits of Agreement Restricted. Nothing herein expressed or implied is intended or shall be construed to give anyone other than the Administration Agent on behalf of the Senior Lenders and the Subordinate Lender, and their respective successors and permitted assigns, any legal or equitable right, remedy or claim under or in respect hereof or the benefit of any covenant, condition or provision contained herein; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the Administration Agent on behalf of the Senior Lenders and the Subordinate Lender and their successors and permitted assigns. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.
Benefits of Agreement Restricted. Nothing herein expressed or implied is intended or shall be construed to give anyone other than the Agents and holders of Hampshire Debt and their successors and assigns any legal or equitable right, remedy or claim under or in respect hereof or any covenant, condition or provision contained herein; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the Agents and holders of Hampshire Debt and their successors and assigns. Subject to the preceding sentence, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. For the avoidance of doubt, nothing contained in this Agreement is or is intended to be for the benefit of HGL, HDI, Glamourette, Segue, SF Knitworks or any other Hampshire Entity and nothing contained herein shall limit or in any way modify any of the obligations of such Persons to the holders of Hampshire Debt.
Benefits of Agreement Restricted. 39 9.12 Counterpart Originals ............................ 39
Benefits of Agreement Restricted. 13 Section 10.20. Survival Provisions..................................... 13
Benefits of Agreement Restricted. Subject to the provisions of Section 4.6 hereof, nothing in this Agreement or the other Operative Agreements, express or implied, shall give or be construed to give to any Person, other than the parties hereto, any legal or equitable right, remedy or claim under or in respect of this Agreement or under any covenant, condition or provision herein contained, all such covenants, conditions and provisions, subject to Section 4.6 hereof, being for the sole benefit of the parties hereto, provided, that the following provisions of this Agreement are for the benefit of the Mortgagee acting on behalf of the Note Holders of Series B (collectively, the “Subordinated Security Provisions”): (i) the requirement that appraisals of the Collateral be obtained for purposes of determining the Maximum Subordinated Collateral Ratio by the tenth Business Day of April and the tenth Business Day of October in each year, commencing in October 2006; (ii) the requirement that the Maximum Subordinated Collateral Ratio be complied with in connection with such appraisals; (iii) the second sentence of Section 3.3; and (iv) clause (y) of the proviso to Section 4.4 (it being understood that the other provisions of this Agreement not expressly included within clauses (i), (ii), (iii) and (iv) of this proviso, including without limitation defined terms, are not Subordinated Security Provisions). Upon payment in full of the Series G Equipment Notes and the Policy Provider Obligations, if any Series B Equipment Notes are then outstanding, Section 3.4, as then in effect, shall at such time become a Subordinated Security Provision, except that each reference therein to the Policy Provider shall be deemed changed to the Mortgagee.
Benefits of Agreement Restricted. Section 4.1 is amended to insert at the end of the first sentence the following: ", PROVIDED, FURTHER, that the Trustee on behalf of the Subordinated Securityholders is an intended third-party beneficiary of the following provisions of this Agreement (collectively, the "SUBORDINATED SECURITY PROVISIONS"): (i) the requirement that appraisals of the Collateral be obtained for purposes of determining the Maximum Subordinated Collateral Ratio by the fifth Business Day of February and the fifth Business Day of August in each year, commencing in August 2003; (ii) the requirement that the Maximum Subordinated Collateral Ratio be complied with in connection with such appraisals; (iii) the second sentence of Section 3.3; and (iv) clause (z) of the proviso to Section 4.4 (it being understood that the other provisions of this Agreement not expressly included within clauses (i), (ii), (iii) and (iv) of this proviso, including without limitation defined terms, are not Subordinated Security Provisions). Upon payment in full of the Securities, the Policy Expenses and the Policy Provider Obligations, if any Subordinated Securities are then Outstanding, Sections 3.4, 3.5, 3.6, 3.7 and 3.8 and Appendix IV, as then in effect, shall at such time become Subordinated Security Provisions, except that each reference therein to the Policy Provider shall be deemed changed to the Trustee."
Benefits of Agreement Restricted. Subject to the provisions of Section 4.6 hereof, nothing in this Collateral Maintenance Agreement or the other Operative Documents, express or implied, shall give or be construed to give to any Person, other than the parties hereto, the Trustee and the Class A Noteholders, any legal or equitable right, remedy or claim under or in respect of this Collateral Maintenance Agreement or under any covenant, condition or provision herein contained, all such covenants, conditions and provisions, subject to Section 4.6 hereof, being for the sole benefit of the parties hereto, the Trustee and the Class A Noteholders; provided that the Class A Liquidity Provider is an intended third-party beneficiary of each provision of this Collateral Maintenance Agreement that expressly grants it a right to receive certain documents (but only to the extent of such right), Section 2.2, Section 2.3, Section 2.8(a), Section 3.1(a) (to the extent that such Section relates to the actions to be taken if the Class A Collateral Ratio is greater than the Maximum Class A Collateral Ratio), Section 3.4, Section 3.5, Section 3.6, Section 3.7, Section 3.8, Section 3.9, Section 3.11, this Section 4.1, the proviso to Section 4.4(c) hereof and Appendix IV hereof and the definitions of "Additional Insured" (to the extent that the Class A Liquidity Provider is included as an Additional Insured), "Annual Methodology", "Class A Collateral Ratio", "Fair Market Value" and "Quarterly Methodology" (collectively, the "Class A Liquidity Provider Provisions"); and provided, further, that the Class B Noteholders are intended third-party beneficiaries of the following provisions of this Collateral Maintenance Agreement (collectively, the "Subordinated Note Provisions"): (i) the requirement that appraisals of the Collateral be obtained for purposes of determining the Maximum Class B Collateral Ratio under Sections 2.2 and 2.3 hereof; (ii) the requirement that the Maximum Class B Collateral Ratio be complied with in connection with such appraisals; (iii) Section 3.2(c) hereof; and (iv) Section 3.3(a)(ii) hereof (it being understood that all of the other provisions of this Collateral Maintenance Agreement not expressly included within clauses (i), (ii), (iii) and (iv) of this proviso are not Subordinated Note Provisions). Upon payment in full of the Class A Notes, if any Class B Notes are then Outstanding, Sections 3.4, 3.5, 3.6, 3.7, 3.8 and 3.9 hereof and Appendix IV hereof, as then in effect, shall at such tim...
Benefits of Agreement Restricted. Nothing herein expressed or implied is intended or shall be construed to give anyone other than the Senior Lender, the Note Trustee and the Noteholders, and their respective successors and assigns, any legal or equitable right, remedy or claim under or in respect hereof or the benefit of any covenant, condition or provision contained herein; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the Senior Lender, the Note Trustee, the Noteholders and their successors and assigns. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
Benefits of Agreement Restricted. Subject to the provisions of Section 4.6 hereof, nothing in this Agreement or the other Operative Documents, express or implied, shall give or be construed to give to any Person, other than the parties hereto, any legal or equitable right, remedy or claim under or in respect of this Agreement or under any covenant, condition or provision herein contained, all such covenants, conditions and provisions, subject to Section 4.6 hereof, being for the sole benefit of the parties hereto, PROVIDED that the Trustee is an intended third-party beneficiary of each provision of this Agreement that expressly grants it a right to receive certain documents that are provided to the Policy Provider and of the last sentence of Section 4.6, and the Trustee and the Security Agent each is an intended third-party beneficiary of each provision of Section 3.8 and Appendix IV that expressly refers to it (collectively, the "TRUSTEE PROVISIONS") (it being understood that the Company's obligation to deliver a document to the Policy Provider and the contents of any such document are not Trustee Provisions, and such provisions referred to in this parenthetical may be amended, supplemented or waived without the consent of the Trustee or the Security Agent, PROVIDED that the right of the Trustee to receive a copy of such document if it is required to be delivered to the Trustee or the Security Agent is a Trustee Provision).
