Complete Agreement; No Third-Party Beneficiaries. This Agreement, the other Ancillary Agreements, the Investment Agreement, the Confidentiality Agreement and the Company Letter constitute the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings of the parties in connection therewith. This Agreement, other than Section 6, is not intended to confer upon any Person other than the Company and the Investor any rights or remedies hereunder.
Complete Agreement; No Third-Party Beneficiaries. This Agreement, the Ancillary Agreements, the Confidentiality Agreement and the Company Letter constitute the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings of the parties in connection therewith, including the LOI, which shall be deemed terminated and of no further force or effect. This Agreement, other than Article VI, is not intended to confer upon any person other than the Company and the Investor any rights or remedies hereunder.
Complete Agreement; No Third-Party Beneficiaries. This Agreement constitutes the entire agreement among the parties pertaining to the subject matter hereof and supersede all prior agreements and understandings of the parties in connection therewith. This Agreement, other than Article VII, is not intended to confer upon any person other than the Company, Mr. Ma and the Investor any rights or remedies hereunder.
Complete Agreement; No Third-Party Beneficiaries. This Agreement, the Company Disclosure Letter and the other Transaction Documents constitute the entire agreement among the parties pertaining to the subject matter hereof and supersede all prior agreements and understandings of the parties in connection therewith. Subject to Section 9.6, this Agreement, other than Article VII, is not intended to confer upon any person other than the Company and the Investor any rights or remedies hereunder.
Complete Agreement; No Third-Party Beneficiaries. This Agreement, the Articles of Merger and the Company Letter constitute the entire agreement among the parties pertaining to the subject matter hereof and supersede all prior agreements and understandings of the parties in connection therewith. Except as specified in Section 4.5 (Indemnification; Directors’ and Officers’ Insurance), this Agreement is not intended to confer upon any Person other than the Company, Parent and Sub any rights or remedies hereunder, other than the provisions of Article I concerning the payment of the Merger Consideration, which shall inure to the benefit of the Company’s stockholders but, prior to the Effective Time, may be enforced solely by the Company, in its sole and absolute discretion, acting on their behalf.
Complete Agreement; No Third-Party Beneficiaries. This Agreement, the Registration Rights Agreement, the Investor Confidentiality Agreement (which shall terminate and cease to have any force or effect as of the Closing Date), the Company Disclosure Letter and the Investor Disclosure Letter constitute the entire agreement among the parties pertaining to the subject matter hereof and supersede all prior agreements and understandings of the parties in connection therewith, including the Recapitalization Term Sheet dated April 27, 2007 between the Company and MatlinPatterson Global Opportunities Partners II, L.P., as amended, which shall be deemed terminated and of no further force or effect. This Agreement, other than Article VII, is not intended to confer upon any person other than the Company and the Purchasers any rights or remedies hereunder.
Complete Agreement; No Third-Party Beneficiaries. This Agreement and the agreements in the Exhibits hereto contain the complete agreement between the parties and supersede any prior understandings, agreements or representations by or between the parties, written or oral, which may have related to the subject matter hereof in any way; provided, that the confidentiality agreement between SFC and Archway, dated August 3, 1998, shall remain in force and effect without modification thereof. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto or their respective successors, any rights, remedies, obligations or liabilities under or by reason of this Agreement.
Complete Agreement; No Third-Party Beneficiaries. This Agreement, the other Transaction Agreements, the Investor Confidentiality Agreements and the Company Disclosure Letter constitute the entire agreement among the parties pertaining to the subject matter hereof and supersede all prior agreements and understandings of the parties in connection therewith, including the letter Re: Common Stock Purchase and Backstop dated February 21, 2008 between Mast Capital Management, LLC and the Company and attached Term Sheet, which, except for those sections which are explicitly binding on the parties thereto, shall be deemed terminated and of no further force or effect. This Agreement is not intended to confer upon any person other than the Company and the Investors any rights or remedies hereunder.
Complete Agreement; No Third-Party Beneficiaries. This Agreement and the other Transaction Agreements constitute the entire agreement among the parties pertaining to the subject matter hereof and supersede all prior agreements and understandings of the parties in connection therewith.
Complete Agreement; No Third-Party Beneficiaries. Subject to the terms of the Settlement Agreement concerning AEC and Deere Park, this Escrow Agreement contains the complete agreement between the parties and supersedes any prior understandings, agreements or representations by or between the parties, written or oral, which may have related to the subject matter hereof in any way. Nothing in this Escrow Agreement, expressed or implied, is intended to confer upon any person or entity, other than the parties hereto and their respective successors and permitted assigns, any rights, remedies, obligations or liabilities under or by reason of this Escrow Agreement.
