Common use of Enforceability; Third-Party Beneficiary Clause in Contracts

Enforceability; Third-Party Beneficiary. This Agreement may only be enforced by (a) Holdco, (b) Union Sky, (c) Baring LP, (d) Hony LP or (e) the New Sponsor. None of Holdco’s, Merger Sub’s, Union Sky’s, Baring LP’s or Hony LP’s creditors shall have the right to enforce this Agreement or to cause Holdco, Merger Sub, Union Sky, Baring LP or Hony LP to enforce this Agreement against the New Sponsor. Nothing in this Agreement, express or implied, is intended to confer upon any person other than Holdco, the New Sponsor, Union Sky, Baring LP, Hony LP and the New Sponsor any rights or remedies under or by reason of this Agreement.

Appears in 3 contracts

Samples: Equity Commitment Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.), Equity Commitment Agreement (Giant Interactive Group Inc.), Equity Commitment Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.)

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Enforceability; Third-Party Beneficiary. This Agreement may only be enforced by (a) Holdco, (b) Union Sky, (c) Baring LP, (d) Hony LP or (e) the New Sponsor. None of Holdco’s's, Merger Sub’s's, Union Sky’s's, Baring LP’s 's or Hony LP’s 's creditors shall have the right to enforce this Agreement or to cause Holdco, Merger Sub, Union Sky, Baring LP or Hony LP to enforce this Agreement against the New Sponsor. Nothing in this Agreement, express or implied, is intended to confer upon any person other than Holdco, the New Sponsor, Union Sky, Baring LP, Hony LP and the New Sponsor any rights or remedies under or by reason of this Agreement.

Appears in 1 contract

Samples: Equity Commitment Agreement (Shi Yuzhu)

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