Parties in Interest; Third Party Beneficiaries. This letter agreement is for the sole benefit of and shall be binding upon Parent and Sponsor and their respective successors and permitted assigns. Nothing in this letter agreement, express or implied, is intended to or shall confer upon any person other than Parent and Sponsor any legal or equitable right, benefit, or remedy of any nature whatsoever, under or by reason of this letter agreement. Notwithstanding anything to the contrary, the Company is an express third-party beneficiary of rights granted to Parent under this letter agreement to the extent of the rights set forth in Sections 1, 7, 8, 9 and 11 and shall be entitled to seek an injunction or an Order of specific performance (or another non-monetary equitable remedy) to cause the Commitment to be funded in accordance with Section 1 and shall be entitled to an injunction, an order of specific performance or any other non-monetary equitable remedy (the “Company Beneficiary Rights”).
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