Common use of Not for Benefit of Creditors Clause in Contracts

Not for Benefit of Creditors. The provisions of this Agreement are intended only for the regulation of relations among past, present and future Members, Managers and the Fund. This Agreement is not intended for the benefit of non-Member creditors and no rights are granted to non-Member creditors under this Agreement; except that any Secured Party (as defined in Annex 1 to this Agreement) shall be a third-party beneficiary of the provisions of Annex 1 to this Agreement. Those certain Pledge Provisions as set forth on Annex 1 to this Agreement are incorporated by reference as if fully set forth herein. Annex 1 to this Agreement may not be amended or modified so long as any Pledge (as defined in Annex 1 to this Agreement) is in effect without the Secured Party’s prior written consent.

Not for Benefit of Creditors. The provisions of this Agreement are intended only for the regulation of relations among past, present and future Members, Managers Managers, First Trust and the Fund. This Agreement is not intended for the benefit of non-Member creditors and no rights are granted to non-Member creditors under this Agreement; , except that any Secured Party (as defined in Annex 1 to this Agreement) shall be a third-party beneficiary of the provisions of Annex 1 to this Agreement. Those certain Pledge Provisions as set forth on Annex 1 to this Agreement are incorporated by reference as if fully set forth herein. Annex 1 to this Agreement may not be amended or modified so long as any Pledge (as defined in Annex 1 to this Agreement) is in effect without the Secured Party’s prior written consent.