Common use of Claims Against Trust Account Clause in Contracts

Claims Against Trust Account. The Company agrees that, notwithstanding any other provision contained in this Agreement, the Company does not now have, and shall not at any time prior to the Effective Time have, any claim to, or make any claim against, the Trust Fund, regardless of whether such claim arises as a result of, in connection with or relating in any way to, the business relationship between the Company on the one hand, and GigCapital5 on the other hand, this Agreement, or any other agreement or any other matter, and regardless of whether such claim arises based on contract, tort, equity or any other theory of legal liability (any and all such claims are collectively referred to in this Section 6.03 as the “Claims”). Notwithstanding any other provision contained in this Agreement, the Company hereby irrevocably waives any Claim they may have, now or in the future and will not seek recourse against the Trust Fund for any reason whatsoever in respect thereof; provided, that, for the avoidance of doubt, the foregoing waiver will not limit or prohibit the Company from pursuing a claim against GigCapital5, Merger Sub or any other person for legal relief against monies or other assets of GigCapital5 or Merger Sub held outside of the Trust Account or for specific performance or other equitable relief in connection with the Transactions. In the event that the Company commences any action or proceeding against or involving the Trust Fund in violation of the foregoing, GigCapital5 shall be entitled to recover from the Company the associated reasonable legal fees and costs in connection with any such action, in the event GigCapital5 prevails in such action or proceeding.

Claims Against Trust Account. The Company agrees that, notwithstanding any other provision contained in this Agreement, the Company does not now have, and shall not at any time prior to the First Effective Time have, any claim to, or make any claim against, the Trust Fund, regardless of whether such claim arises as a result of, in connection with or relating in any way to, the business relationship between or among the Company Company, on the one hand, and GigCapital5 Parent, on the other hand, this Agreement, or any other agreement or any other matter, and regardless of whether such claim arises based on contract, tort, equity or any other theory of legal liability (any and all such claims are collectively referred to in this Section 6.03 as the “Claims”). Notwithstanding any other provision contained in this Agreement, the Company hereby irrevocably waives any Claim they it may have, now or in the future (in each case, however, prior to the consummation of the Transactions) and agrees that it will not seek recourse against the Trust Fund for any reason whatsoever in respect thereofof any Claim; provided, thathowever, for the avoidance of doubt, that the foregoing waiver will not limit or prohibit the Company from (a) pursuing a claim against GigCapital5, Merger Sub or any other person for legal relief against monies or other assets of GigCapital5 or Merger Sub held outside of the Trust Account or Parent pursuant to this Agreement for specific performance or other equitable relief in connection with the TransactionsTransactions or (b) pursuing any Claims that the Company may have against Parent’s assets or funds that are not held in the Trust Account. In the event that the Company commences any action Action or proceeding Proceeding against or involving the Trust Fund in violation of the foregoing, GigCapital5 Parent shall be entitled to recover from the Company such Party the associated reasonable legal fees and costs in connection with any such actionAction, in the event GigCapital5 Parent prevails in such action or proceedingAction.

Claims Against Trust Account. The Company agrees that, notwithstanding any other provision contained in this Agreement, the Company does not now have, and shall not at any time prior to the Effective Time have, any claim to, or make any claim against, the Trust Fund, regardless of whether such claim arises as a result of, in connection with or relating in any way to, the business relationship between the Company on the one hand, and GigCapital5 the SPAC on the other hand, this Agreement, or any other agreement or any other matter, and regardless of whether such claim arises based on contract, tort, equity or any other theory of legal liability (any and all such claims are collectively referred to in this Section 6.03 as the “Claims”). Notwithstanding any other provision contained in this Agreement, the Company hereby irrevocably waives any Claim they it may have, now or in the future and will not seek recourse against the Trust Fund for any reason whatsoever in respect thereof; provided, that, for the avoidance of doubt, the foregoing waiver will not limit or prohibit the Company from pursuing a claim against GigCapital5the SPAC, Merger Sub or any other person for legal relief against monies or other assets of GigCapital5 the SPAC or Merger Sub held outside of the Trust Account or for specific performance or other equitable relief in connection with the Transactions. In the event that the Company commences any action or proceeding against or involving the Trust Fund in violation of the foregoing, GigCapital5 the SPAC shall be entitled to recover from the Company the associated reasonable legal fees and costs in connection with any such action, in the event GigCapital5 the SPAC prevails in such action or proceeding.

Claims Against Trust Account. The Company agrees that, notwithstanding any other provision contained in this Agreement, the Company does not now have, and shall not at any time prior to the Effective Time have, any claim to, or make any claim against, the Trust Fund, regardless of whether such claim arises as a result of, in connection with or relating in any way to, the business relationship between the Company on the one hand, and GigCapital5 TortoiseCorp on the other hand, this Agreement, or any other agreement or any other matter, and regardless of whether such claim arises based on contract, tort, equity or any other theory of legal liability (any and all such claims are collectively referred to in this Section 6.03 as the “Claims”). Notwithstanding any other provision contained in this Agreement, the Company hereby irrevocably waives any Claim they it may have, now or in the future and will not seek recourse against the Trust Fund for any reason whatsoever in respect thereof; provided, thathowever, for the avoidance of doubt, that the foregoing waiver will not limit or prohibit the Company from pursuing a claim against GigCapital5TortoiseCorp, Merger Sub or any other person (a) for legal relief against monies or other assets of GigCapital5 TortoiseCorp or Merger Sub held outside of the Trust Account or for specific performance or other equitable relief in connection with the TransactionsTransactions or (b) for damages for breach of this Agreement against TortoiseCorp (or any successor entity) or Merger Sub in the event this Agreement is terminated for any reason and TortoiseCorp consummates a business combination transaction with another party. In the event that the Company commences any action or proceeding against or involving the Trust Fund in violation of the foregoing, GigCapital5 TortoiseCorp shall be entitled to recover from the Company the associated reasonable legal fees and costs in connection with any such action, in the event GigCapital5 TortoiseCorp prevails in such action or proceeding.

Claims Against Trust Account. The Each Company agrees that, notwithstanding any other provision contained in this Agreement, the such Company does not now have, and shall not at any time prior to the Umbrella Merger Effective Time have, any claim to, or make any claim against, the Trust Fund, regardless of whether such claim arises as a result of, in connection with or relating in any way to, the business relationship between the Company such Company, on the one hand, and GigCapital5 SPAC, on the other hand, this Agreement, or any other agreement or any other matter, and regardless of whether such claim arises based on contract, tort, equity or any other theory of legal liability (any and all such claims are collectively referred to in this Section 6.03 10.14 as the “Claims”). Notwithstanding any other provision contained in this Agreement, the each Company hereby irrevocably waives any Claim they it may have, now or in the future and will not seek recourse against the Trust Fund for any reason whatsoever in respect thereof; provided, thathowever, for the avoidance of doubt, that the foregoing waiver will not limit or prohibit the such Company from pursuing a claim against GigCapital5, Merger Sub the SPAC or any other person for legal relief against monies or other assets of GigCapital5 or Merger Sub SPAC held outside of the Trust Account or for specific performance or other equitable relief in connection with the Transactions. In the event that the any Company commences any action or proceeding Action against or involving the Trust Fund in violation of the foregoing, GigCapital5 SPAC shall be entitled to recover from the such Company the associated reasonable legal fees and costs in connection with any such actionAction, in the event GigCapital5 SPAC prevails in such action or proceedingAction.