Entire Agreement; Third Party Beneficiaries; Amendment. (a) This Agreement and the other Transaction Agreements set forth the entire agreement between the parties hereto with respect to the Transactions, and supersede all prior agreements and understandings, both oral and written, among the parties and their respective Affiliates with respect to the subject matter hereof and thereof. (b) This Agreement is not intended to and shall not confer upon any person other than the parties hereto, their successors and permitted assigns any rights or remedies hereunder, provided that (i) Section 6.05 shall be for the benefit of and fully enforceable by each of the Indemnified Persons; and (ii) Section 7.15 shall be for the benefit of and fully enforceable by each of the Specified Persons. (c) Notwithstanding their execution of this Agreement and the consummation of the Transactions contemplated hereby, the Purchasers do not intend to be a “group” (within the meaning of Rule 13d-3 of the rules and regulations promulgated under the Exchange Act) or “acting in concert” 39 (within the meaning of Rule 144) or otherwise acting as a partnership or as joint venture partners or in coordination with each other. (d) Any provision of this Agreement (other than Article VI and related definitions) may be amended or modified in whole or in part at any time by an agreement in writing, executed in the same manner as this Agreement, between the Company and the Purchasers purchasing a majority of the Notes pursuant to this Agreement. Article VI and related definitions may be amended by the Company and the holders of a majority of the then outstanding Registrable Securities. No failure on the part of any party to exercise, and no delay in exercising, any right shall operate as a waiver thereof nor shall any single or partial exercise by any party of any right preclude any other or future exercise thereof or the exercise of any other right.
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Samples: Subscription Agreement (Oatly Group AB), Subscription Agreement (Oatly Group AB)
Entire Agreement; Third Party Beneficiaries; Amendment. (a) This Agreement Agreement, together with the Confidentiality Agreement, the Services Agreement, the Indenture and the other Transaction Agreements set Notes, sets forth the entire agreement between the parties hereto with respect to the Transactions, and supersede all prior agreements and understandings, both oral and written, among the parties and their respective Affiliates with respect to the subject matter hereof and thereof.
(b) This Agreement is are not intended to and shall not confer upon any person other than the parties hereto, their successors and permitted assigns any rights or remedies hereunder, provided provided, that (i) Section 6.05 4.07(m) shall be for the benefit of and fully enforceable by each Covered Person, (ii) Section 4.12 shall be for the benefit of and fully enforceable by each SL Affiliated Director and each Purchaser Indemnitor, (iii) Section 4.15 and Section 5.06 shall be for the benefit of and fully enforceable by each of the Indemnitees or Indemnified Persons; and Persons (iias applicable), (iv) Section 7.15 6.12 shall be for the benefit of and fully enforceable by each of the Specified Persons.
Persons and (cv) Notwithstanding their execution of this Agreement one or more lenders under a Permitted Loan may be granted third party beneficiary rights in relation to the Company’s obligation under Article II to issue the Notes subject to and the consummation of the Transactions contemplated hereby, the Purchasers do not intend to be a “group” (within the meaning of Rule 13d-3 of the rules and regulations promulgated under the Exchange Act) or “acting as set forth in concert” 39 (within the meaning of Rule 144) or otherwise acting as a partnership or as joint venture partners or in coordination with each other.
(d) Section 4.09. Any provision of this Agreement (other than Article VI and related definitions) may be amended or modified in whole or in part at any time by an agreement in writing, writing between the parties hereto executed in the same manner as this Agreement, between the Company and the Purchasers purchasing a majority of the Notes pursuant to this Agreement. Article VI and related definitions may be amended by the Company and the holders of a majority of the then outstanding Registrable Securities. No failure on the part of any party to exercise, and no delay in exercising, any right shall operate as a waiver thereof nor shall any single or partial exercise by any party of any right preclude any other or future exercise thereof or the exercise of any other right.right.
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Samples: Investment Agreement
Entire Agreement; Third Party Beneficiaries; Amendment. (a) This Agreement and the other Transaction Agreements set forth the entire agreement between the parties hereto with respect to the Transactions, and supersede all prior agreements and understandings, both oral and written, among the parties and their respective Affiliates with respect to the subject matter hereof and thereof.
(b) This Agreement is not intended to and shall not confer upon any person other than the parties hereto, their successors and permitted assigns any rights or remedies hereunder, provided that (i) Section 6.05 5.05 shall be for the benefit of and fully enforceable by each of the Indemnified Persons; and (ii) Section 7.15 6.13 shall be for the benefit of and fully enforceable by each of the Specified Persons.
(c) Notwithstanding their execution of this Agreement and the consummation of the Transactions contemplated hereby, the Purchasers do not intend to be a “group” (within the meaning of Rule 13d-3 of the rules and regulations promulgated under the Exchange Act) or “acting in concert” 39 (within the meaning of Rule 144) or otherwise acting as a partnership or as joint venture partners or in coordination with each other.
(d) Any provision of this Agreement (other than Article VI V and related definitions) may be amended or modified in whole or in part at any time by an agreement in writing, executed in the same manner as this Agreement, between the Company and the Purchasers purchasing a majority of the Notes pursuant to this Agreement. Article VI V and related definitions may be amended by the Company and the holders of a majority of the then outstanding Registrable Securities. No failure on the part of any party to exercise, and no delay in exercising, any right shall operate as a waiver thereof nor shall any single or partial exercise by any party of any right preclude any other or future exercise thereof or the exercise of any other right.
Appears in 1 contract
Entire Agreement; Third Party Beneficiaries; Amendment. (a) This Agreement Agreement, together with the Confidentiality Agreement, the Services Agreement, the Indenture and the other Transaction Agreements set Notes, sets forth the entire agreement between the parties hereto with respect to the Transactions, and supersede all prior agreements and understandings, both oral and written, among the parties and their respective Affiliates with respect to the subject matter hereof and thereof.
(b) This Agreement is are not intended to and shall not confer upon any person other than the parties hereto, their successors and permitted assigns any rights or remedies hereunder, provided provided, that (i) Section 6.05 4.07(m) shall be for the benefit of and fully enforceable by each Covered Person, (ii) Section 4.12 shall be for the benefit of and fully enforceable by each SL Affiliated Director and each Purchaser Indemnitor, (iii) Section 4.15 and Section 5.06 shall be for the benefit of and fully enforceable by each of the Indemnitees or Indemnified Persons; and Persons (iias applicable), (iv) Section 7.15 6.12 shall be for the benefit of and fully enforceable by each of the Specified Persons.
Persons and (cv) Notwithstanding their execution of this Agreement one or more lenders under a Permitted Loan may be granted third party beneficiary rights in relation to the Company’s obligation under Article II to issue the Notes subject to and the consummation of the Transactions contemplated hereby, the Purchasers do not intend to be a “group” (within the meaning of Rule 13d-3 of the rules and regulations promulgated under the Exchange Act) or “acting as set forth in concert” 39 (within the meaning of Rule 144) or otherwise acting as a partnership or as joint venture partners or in coordination with each other.
(d) Section 4.09. Any provision of this Agreement (other than Article VI and related definitions) may be amended or modified in whole or in part at any time by an agreement in writing, writing between the parties hereto executed in the same manner as this Agreement, between the Company and the Purchasers purchasing a majority of the Notes pursuant to this Agreement. Article VI and related definitions may be amended by the Company and the holders of a majority of the then outstanding Registrable Securities. No failure on the part of any party to exercise, and no delay in exercising, any right shall operate as a waiver thereof nor shall any single or partial exercise by any party of any right preclude any other or future exercise thereof or the exercise of any other right.
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