No Third-Party Beneficiaries; No Admissions. This Purchase Agreement is for the sole benefit of the Parties and their respective successors and permitted assigns and except with respect to any Indemnitee, nothing herein, express or implied, is intended to or shall confer upon any other Person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Purchase Agreement. All references in this Purchase Agreement, including the Exhibits and Disclosure Schedules, and the Transaction Documents to the enforceability of agreements with third parties, the existence or non-existence of third-party rights, the absence of breaches or defaults by third parties, or similar matters or statements, are intended only to allocate rights and risks between the Parties and are not intended to be admissions against interests, give rise to any inference or proof of accuracy, be admissible against any party by any non-party, or give rise to any claim or benefit to any non-party.
No Third-Party Beneficiaries; No Admissions. This Agreement is not intended to confer upon any person or entity that is not a Party or an Opt-In Participant any rights or remedies hereunder, and no one, other than a Party or an Opt-In Participant, is entitled to rely on any representation, warranty, covenant, release, waiver or agreement contained herein. Moreover, except for the purpose of enforcing the terms and conditions of this Agreement as between and among the Parties and the Opt-In Participants, nothing herein shall establish any facts or precedents as between the Parties, the Opt-In Participants, and any third parties as to the resolution of any dispute. Each Settling Participant and Reliant Party expressly denies any wrongdoing or culpability with respect to the claims against it released in this Agreement, or any other matter addressed in this Agreement, and does not, by execution of this Agreement, admit or concede any actual or potential fault, wrongdoing or liability in connection with any facts or claims that have been or could have been alleged against it with respect thereto. Neither this Agreement, nor any act performed or document executed pursuant to or in furtherance of this Agreement: (i) is or may be deemed to be, or may be used by a Settling Participant or a Reliant Party as, an admission of, or evidence of, the validity of any released claim, or of any wrongdoing or liability of any of the Parties or Opt-In Participant; (ii) is or may be deemed to be, or may be used by a Settling Participant or a Reliant Party as, an admission of, or evidence of, any fault or omission of any of the Parties or Opt-In Participant in any civil, criminal, regulatory or administrative proceeding in any court, administrative agency, regulatory authority, or other tribunal; or (iii) shall be offered in evidence or alleged in any pleading by any Settling Participant or any Reliant Party, except to obtain the Required Approval, or to enforce the terms of and obtain the benefits of this Agreement. In no event shall this Agreement, any of its provisions or any negotiations, statements or court proceedings relating to this Agreement or the Settlement in any way be construed as, offered as, received as, used as or deemed to be evidence of any kind in any action, or in any judicial, administrative, regulatory or other proceeding, except in a proceeding to enforce the terms or obtain the benefits of this Agreement or to obtain the Required Approvals.
No Third-Party Beneficiaries; No Admissions. The agreements set forth herein with respect to the Bellamah Release are solely for the benefit of the parties hereto, and no third party (including without limitation the Bellamah Trustee, Xxxxxx Ridge and the Xxxxxx Ridge Institutional Investors) shall (i) be entitled to rely upon the terms and provisions hereof for any purpose whatsoever or (ii) have any claim whatsoever against any party hereto arising out of any failure or alleged failure of such party to perform its obligations hereunder. Nothing set forth herein or in any exhibit hereto shall constitute any admission of fault or liability on the part of any party hereto with respect to any matters concerning Bellamah or Xxxxxx Ridge. First Amendment to Restructuring Agreement
No Third-Party Beneficiaries; No Admissions. This Agreement is not intended to confer upon any person or entity that is not a Party, a Related Party or a Settling Participant any rights or remedies hereunder, and no one, other than a Party, a Related Party or a Settling Participant, is entitled to rely on any representation, warranty, covenant, release, waiver or agreement contained herein. Moreover, except for the purpose of enforcing the terms and conditions of this Agreement as between and among the Parties, the Related Parties and the Settling Participants, nothing herein shall establish any precedents as between the Parties, the Related Parties, the Settling Participants and any third parties as to the resolution of any dispute that is not resolved in this Agreement.
