Common use of Parties in Interest Clause in Contracts

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except , as may well as the other Secured Parties, all of whom are intended to be explicitly stated in this Agreementbound by, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall to be no third party beneficiaries hereofof, this Agreement.

Parties in Interest. This Agreement may not be transferred, assigned or pledged by any Party hereto, other than by operation of law. This Agreement shall be binding upon and shall inure to the benefit of the parties Parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit benefits of and be enforceable against the parties hereto and their respective successors and permitted or assigns. Except as , provided, however, that the Purchaser may be explicitly stated in this Agreement, (i) not assign this Agreement is not for the benefit of or any other person rights or entity and (ii) there shall be no third party beneficiaries hereofbenefits hereunder.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreementwith respect to those certain provisions providing for rights of the Custodian or obligations of the Fund with respect to the Custodian, (i) and those certain provisions benefitting affiliates of the parties, this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except , as may well as the other Secured Parties, all of whom are intended to be explicitly stated in this Agreementbound by, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall to be no third party beneficiaries hereofof, this Agreement. No other Person shall have or be entitled to assert rights or benefits hereunder.

Parties in Interest. This Agreement shall be is binding upon and shall inure to is for the benefit of the parties Parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this This Agreement is not made for the benefit of any Person not a party hereto, and no Person other person than the Parties hereto and their respective successors and permitted assigns will acquire or entity and (ii) there shall be no third party beneficiaries hereofhave any benefit, right, remedy or claim under or by virtue of this Agreement.

Parties in Interest. This Agreement may not be transferred, assigned, pledged or hypothecated by any party hereto, other than by operation of law. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall be is binding upon and shall inure to is for the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this This Agreement is not made for the benefit of any Person not a party hereto, and no Person other person than the parties hereto or entity their respective successors and (ii) there shall be no third party beneficiaries hereofpermitted assigns will acquire or have any benefit, right, remedy or claim under or by reason of this Agreement.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of of, and be binding on, the named parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this Agreement is but not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereofperson.

Parties in Interest. This Agreement shall be binding upon and shall inure solely to the benefit of the parties each party hereto and their respective its successors and permitted assigns. Except assigns and, except as may be explicitly stated expressly provided herein, nothing in this Agreement, (i) this Agreement is not for the benefit of intended to or shall confer upon any other person any rights, benefits or entity and (ii) there remedies of any nature whatsoever under or by reason of this Agreement nor shall any such person be entitled to assert any claim hereunder. In no event shall this Agreement constitute a third party beneficiaries hereofbeneficiary contract.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. Except as may This Agreement shall not be explicitly stated assigned by any party hereto without the prior written consent of the other parties. Nothing in this Agreement, (i) expressed or implied, is intended to confer upon any third person any rights or remedies under or by reason of this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereofAgreement.

Parties in Interest. This All the terms and provisions of this Agreement shall be binding upon and shall upon, inure to the benefit of and be enforceable by the parties Parties hereto and their respective permitted successors and permitted assigns. Except as may be explicitly stated Nothing in this Agreement, (i) this Agreement either express or implied, is not for the intended to or shall confer upon any Third Party any legal or equitable right, benefit or remedy of any other person nature whatsoever under or entity and (ii) there shall be no third party beneficiaries hereofby reason of this Agreement, which right, benefit or remedy such Third Party would not have independent of this Agreement.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreementwith respect to those certain provisions benefitting affiliates of the parties, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof. Unless expressly provided to the contrary herein: the parties to the Agreement alone shall have the right to enforce its provisions and any action to enforce the Agreement by a person not a party shall be void.

Parties in Interest. This Agreement shall be is binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreementwith respect to those certain provisions providing for rights of the Custodian or obligations of the Fund with respect to the Custodian, (i) and those certain provisions benefitting affiliates of the parties, this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third third-party beneficiaries hereofbeneficiaries.

Parties in Interest. This The terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreementexpressly set forth herein, (i) this Agreement is not for the benefit of no party hereto shall assign, delegate or transfer, or grant a security interest in, its rights, duties or obligations hereunder to any other person or entity and (ii) there shall be no third party beneficiaries hereofparty.

Parties in Interest. This Agreement shall be is binding upon and shall inure to is for the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this This Agreement is not made for the benefit of any Person not a party hereto, and no Person other person than the parties hereto or entity their respective successors and (ii) there permitted assigns will acquire or have any benefit, right, remedy or claim under or by reason of this Agreement, except that the provisions of Sections 4.02 and 4.03 hereof shall be no third party beneficiaries hereofinure to the benefit of the Persons referred to therein.

Parties in Interest. This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated , and nothing in this Agreement, (i) express or implied, is intended to or shall confer upon any other Person any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement or shall be enforceable by virtue of the Contracts (Rights of Third Parties) Xxx 0000, by any person who is not for the benefit of any other person or entity and (ii) there shall be no third a party beneficiaries hereofto this Agreement.

Parties in Interest. This All the terms and provisions of this Agreement shall be binding upon and shall inure to the benefit of the respective successors of the parties hereto hereto. This Agreement shall not run to the benefit of or be enforceable by any Person other than a party to this Agreement and their respective his or its successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except , as may well as the other Second Lien Claimholders, all of whom are intended to be explicitly stated in this Agreementbound by, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall to be no third party beneficiaries hereofof, this Agreement. No other Person shall have or be entitled to assert rights or benefits hereunder.

Parties in Interest. This Agreement shall not be assignable by any party, shall be binding upon each party and their respective successors and, except as otherwise expressly provided, shall inure only to the benefit of the parties hereto signatory to this Agreement and their respective successors and permitted assigns. Except as may be explicitly stated any persons receiving any consideration in this Agreement, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereofreorganization.

Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto, and, with respect to the provisions of Sections 6.6 and 8.3, shall inure to the benefit of the parties hereto and their respective successors and permitted assignspersons or entities benefitting from the provisions thereof who are intended to be third-party beneficiaries thereof. Except as may be explicitly stated provided in the preceding sentence, nothing in this Agreement, (i) this Agreement express or implied, is not for the benefit of intended to or shall confer upon any other person any rights, benefits or entity and (ii) there shall be no third party beneficiaries hereofremedies of any nature whatsoever under or by reason of this Agreement.

Parties in Interest. This All the terms and provisions of this ------------------- Agreement shall be binding upon and shall inure to the benefit of the respective successors of the parties hereto hereto. This Agreement shall not run to the benefit of or be enforceable by any Person other than a party to this Agreement and their respective his or its successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of each party hereto, and, with respect to the provisions of Section 6.6 and 8.3, shall inure to the benefit of the parties hereto and their respective successors and permitted assignspersons or entities benefitting from the provisions thereof who are intended to be third-party beneficiaries thereof. Except as may be explicitly stated provided in the preceding sentence, nothing in this Agreement, (i) this Agreement express or implied, is not for the benefit of intended to or shall confer upon any other person any rights, benefits or entity and (ii) there shall be no third party beneficiaries hereofremedies of any nature whatsoever under or by reason of this Agreement.

Parties in Interest. This Agreement shall be binding upon and shall inure solely to the benefit of each party hereto, and, except as provided in the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated following sentence, nothing in this Agreement, (i) this Agreement express or implied, is not for the benefit of intended to or shall confer upon any other person any rights, benefits or entity remedies of any nature whatsoever under or by reason of this Agreement. The parties hereto expressly intend the provisions of Section 5.6 to confer a benefit upon and (ii) there shall be no enforceable by, as third party beneficiaries hereofof this Agreement, the third persons referred to in, or intended to be benefitted by, such provisions.

Parties in Interest. This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns, and nothing in this Agreement, express or implied, is intended to or shall confer upon and any other Person any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement, other than following the Effective Time, with respect to the provisions of Article II which shall inure to the benefit of the parties hereto holders of Company Common Stock and their respective successors and permitted assigns. Except as may Options who are intended to be explicitly stated in this Agreement, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third third-party beneficiaries hereofthereof.

Parties in Interest. This Agreement shall be is binding upon and shall inure to is for the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this This Agreement is not made for the benefit of any Person not a party hereto, and no Person other person than the parties hereto or entity their respective successors and (ii) there permitted assigns will acquire or have any benefit, right, remedy or claim under or by reason of this Agreement, except that the provisions of Sections 4.02 and 4.03 shall inure to the benefit of and shall be no third party beneficiaries hereofenforceable by the Persons referred to therein.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreementwith respect to those certain provisions providing for rights of the Custodian or obligations of the Fund with respect to the Custodian, (i) and those certain provisions benefitting Affiliates of the parties, this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreementwith respect to those certain provisions benefitting affiliates of the parties, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereofhereof Unless expressly provided to the contrary herein: the parties to the Agreement alone shall have the right to enforce its provisions and any action to enforce the Agreement by a person not a party shall be void.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except , as may well as the other Secured Parties, all of whom are intended to be explicitly stated in bound by, and to be third-party beneficiaries of, this Agreement. No other Person will be entitled to rely on, (i) this Agreement is not for have the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereofenforce this Agreement.

Parties in Interest. This Except as expressly provided herein, none of the provisions of this Agreement shall be binding upon and shall inure to is intended for the benefit of any Person except the parties hereto and their respective successors and permitted assigns. Except as may This Agreement shall be explicitly stated in this Agreementbinding upon, (i) this Agreement is not for and inure to the benefit of any other person or entity of, the parties hereto and (ii) there shall be no third party beneficiaries hereoftheir respective successors and assigns.

Parties in Interest. This All the terms and provisions of this ------------------- Agreement shall be binding upon and shall inure to the benefit of and be enforceable by the respective parties hereto and their respective hereto, the successors and permitted assignsassigns of the Purchaser and the Company, whether so expressed or not, and any Holder (each of which is expressly deemed to be a third party beneficiary hereunder). Except as may be explicitly stated in this Agreement, (i) this This Agreement is shall not for run to the benefit of or be enforceable by any other person or entity and (ii) there shall be no third party beneficiaries hereofPerson.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreementwith respect to those certain provisions providing for rights of the Custodian or obligations of the Company or a Fund with respect to the Custodian, (i) and those certain provisions benefitting affiliates of the parties, including without limitation the indemnification provisions, this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This All the terms and provisions of this Agreement shall be binding upon and shall inure to the benefit of the respective successors of the parties hereto hereto. This Agreement shall not run to the benefit of or be enforceable by any Person other than a party to this Agreement and their respective its successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall be binding upon and shall inure to the ------------------- benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this This Agreement is not for the benefit of any other person or entity entity, and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreementwith respect to those certain provisions providing for rights of the Custodian or obligations of a M&N Fund with respect to the Custodian, (i) and those certain provisions benefitting affiliates of the parties, this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Except as explicitly set forth herein, this Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto each Party hereto, and their respective successors and permitted assigns. Except as may be explicitly stated nothing in this Agreement, (i) this Agreement express or implied, is not for the benefit of intended to or shall confer upon any other person or entity and Person (ii) there shall other than the shareholders of the Company, who are expressly intended to be no third party beneficiaries hereofof this Agreement with respect to the Issuer’s obligations hereunder if the Transaction is consummated) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

Parties in Interest. This Agreement shall be binding upon and shall upon, inure to the benefit of and be enforceable by, the parties hereto and, to the extent provided in this Agreement, their Affiliates, and their respective successors and permitted assigns. Except as may be explicitly stated expressly set forth in this Agreement, (i) this Agreement is not for the sole benefit of the parties hereto and their successors and permitted assigns and does not confer upon any Person other person than the parties hereto any rights or entity and (ii) there remedies; provided, however, that the Operator shall be no third considered to be a third-party beneficiaries hereofbeneficiary of the provisions of this Agreement.

Parties in Interest. This Agreement shall be binding upon and shall inure solely to the benefit of the parties each party hereto and their respective successors and permitted assigns. Except as may be explicitly stated assigns and nothing in this Agreement, (i) this Agreement express or implied, is not for the benefit of intended to or shall confer upon any other person any rights, benefits or entity and (ii) there remedies of any nature whatsoever under or by reason of this Agreement; other than the Sponsor who shall be no a third party beneficiaries hereofbeneficiary to this Agreement.

Parties in Interest. This provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except , as may well as the other Secured Parties, all of whom are intended to be explicitly stated in this Agreementbound by, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall to be no third party beneficiaries hereofof, this Agreement. No other person shall have or be entitled to assert rights or benefits hereunder.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as No assignment of this Agreement may be explicitly stated in made except upon the written consent of the other parties hereto. No person or entity shall be deemed a third-party beneficiary under this Agreement, (i) this Agreement is not for the benefit other than current and former directors and officers of any other person or entity and (ii) there shall be no third party beneficiaries Faxxxxxxxx xith respect to Section 5.12 hereof.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties Parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreementwith respect to those certain provisions providing for rights of the Custodian or obligations of the Funds with respect to the Custodian, (i) and those certain provisions benefitting affiliates of the parties, this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall be binding upon and shall inure solely to the benefit of the parties each Party hereto and their respective its successors and permitted assigns. Except as may be explicitly stated assigns and nothing in this Agreement, (i) this Agreement express or implied, is not for the benefit of intended to or shall confer upon any other person (other than Parent Indemnified Persons) any rights, benefits or entity and (ii) there remedies of any nature whatsoever under or by reason of this Agreement. The Shareholders shall be no express third party beneficiaries hereofof this Agreement.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this This Agreement is not for the benefit of any other person or entity entity, and (ii) there shall be no third party beneficiaries hereof. Nothing contained in this Agreement shall modify the rights or obligations of the parties under any other agreement to which they are parties.

Parties in Interest. This All the terms and provisions of this ------------------- Agreement shall be binding upon and shall inure to the benefit of the respective successors of the parties hereto hereto. This Agreement shall not run to the benefit of or be enforceable by any Person other than a party to this Agreement and their respective its successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of and be binding upon the parties hereto named herein and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) No term or provision of this Agreement is intended to confer, or confers, upon any person not for the benefit a party to this Agreement any rights or remedies under or by reason of any other person or entity and (ii) there shall be no third party beneficiaries hereofthis Agreement. THERE ARE NO THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as No voluntary assignment of this Agreement may be explicitly stated in this Agreement, (i) this Agreement is not for made except upon the benefit written consent of any the other parties hereto. No person or entity and (ii) there shall be no third deemed a third-party beneficiaries hereofbeneficiary under this Agreement.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in with respect to those certain provisions providing for rights of the Custodian or obligations of the Fund with respect to the Custodian, and those certain provisions (including Section 19 of this Agreement) which may benefit affiliates of the Parties, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall will be binding upon and shall upon, inure to the benefit of, and be enforceable by, the respective successors and assigns of the parties hereto and their respective successors and permitted assignshereto. Except as may be explicitly stated in this Agreement, (i) this This Agreement is not for the benefit intended and shall not be construed to create rights on behalf of any third parties other person or entity and (ii) there shall be no third party beneficiaries hereofthan the indemnified parties.

Parties in Interest. This Agreement shall not be assignable by any party, shall be binding upon the parties and their respective successors, heirs, and legal representatives, as the case may be, and, except as otherwise expressly provided, shall inure only to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) signatory to this Agreement is not for the benefit of any other person or entity and (ii) there shall be no and, as third party beneficiaries hereof.beneficiaries, the holders of the debt and warrant instruments issued

Parties in Interest. This Agreement shall be binding upon bind and shall inure to the benefit of the parties hereto named herein and their respective heirs, successors and permitted assigns. Except as may This Agreement shall not be explicitly stated in this Agreement, (i) assignable by any party without the prior written consent of the other party. Any attempted assignment of this Agreement is not for the benefit in breach of any other person or entity and (ii) there this provision shall be void and of no third party beneficiaries hereofeffect.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be is explicitly stated in this Agreement, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto Parties and their respective successors and permitted assigns, including lessees. Except as may be explicitly stated in this Agreement, (i) No obligation under this Agreement is not for the benefit of any other person or entity and (ii) there shall be no enforceable by any third party beneficiaries hereofparty.

Parties in Interest. (a) This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto Parties and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) No obligation under this Agreement is not shall be for the benefit of or be enforceable by any other person or entity third party. (b) Any shipper that is not a Party to this Agreement may become a Party by executing the Agreement and (ii) there shall agreeing to be no third party beneficiaries hereofbound by its terms.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreementwith respect to provisions benefitting affiliates of the parties, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof. Unless expressly provided to the contrary herein: the parties to the Agreement alone shall have the right to enforce its provisions and any action to enforce the Agreement by a person not a party shall be void.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may , all of whom are intended to be explicitly stated in this Agreementbound by, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall to be no third party beneficiaries hereofof, this Agreement. No other Person shall have or be entitled to assert rights or benefits hereunder.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreementwith respect to those certain provisions benefitting Affiliates of the parties, (i) this Agreement is not for the benefit of any other person or entity other than the parties hereto and (ii) there shall be no third party beneficiaries hereofbeneficiaries.

Parties in Interest. This Agreement shall be binding upon and shall inure solely to the benefit of the parties each party hereto and their respective permitted successors and permitted assigns. Except as may be explicitly stated Nothing in this Agreement, (i) this Agreement express or implied, is not for the benefit intended to or shall confer upon any other Person any rights, benefits or remedies of any other person nature whatsoever under or entity by reason of this Agreement; provided that, Parent and (ii) there Merger Sub shall be no express third party beneficiaries under this Agreement and shall be entitled to enforce directly any of the provisions hereof. The Stockholder Representative is also a third party beneficiary of this Agreement.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit benefits of and be enforceable against the parties hereto and their respective successors and permitted or assigns. Except as , provided, however, that the Investor may be explicitly stated in this Agreement, (i) not assign this Agreement is not for the benefit of or any other person rights or entity and (ii) there shall be no third party beneficiaries hereofbenefits hereunder.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreementwith respect to those certain provisions providing for rights of the Custodian or obligations of the Acquiring Funds with respect to the Custodian, (i) and those certain provisions benefitting affiliates of the parties, this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreementwith respect to those certain provisions benefitting affiliates of the parties, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.

Parties in Interest. This Agreement shall be binding upon and shall upon, inure solely to the benefit of of, and be enforceable by, the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated Nothing in this Agreement, (i) this Agreement express or implied, is not for the benefit of intended to or shall confer upon any other person not a party hereto any right, benefit or entity and (ii) there shall be no remedy of any nature whatsoever under or by reason of this Agreement. Notwithstanding the foregoing, the parties hereto agree that Bxxxx is a third party beneficiaries hereofbeneficiary of this Agreement for the purposes of Section 4.2.

Parties in Interest. This Agreement shall be ------------------- binding upon and shall inure solely to the benefit of the parties each party hereto and their respective its successors and permitted assigns. Except , and except as may provided in Sections 4.12 and 7.2 and except that Xxxxxxx X. Xxxxxxxx shall be explicitly stated a third party beneficiary of the provisions of Section 4.20, nothing in this Agreement, (i) this Agreement express or implied, is not for the benefit of intended to or shall confer upon any other person any rights, benefits or entity and (ii) there shall be no third party beneficiaries hereofremedies of any nature whatsoever under or by reason of this Agreement.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreementwith respect to those certain provisions providing for rights of the Custodian or obligations of the Fund with respect to the Custodian, (i) and those certain provisions benefitting affiliates of the parties, this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.. Confidential And Proprietary Execution Version

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreementwith respect to those certain provisions providing for rights of the Custodian or obligations of the Fund with respect to the Custodian, (i) and those certain provisions benefitting affiliates of the parties, this Agreement is not for the benefit of any other person or entity and (ii) there shall be no third party beneficiaries hereof.. Confidential And Proprietary Execution Version (3)

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit only of the parties hereto and their respective successors and permitted assigns. Except as may be explicitly stated in this Agreement, (i) this Agreement is not for the benefit of any other person or entity and (ii) there shall be are no so-called third party beneficiaries hereof, whether express or implied.

Parties in Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and permitted assigns. Except However, except as may be explicitly stated set forth in the preceding sentence, this Agreement, (i) this Agreement agreement is not intended solely for the benefit of any other person or entity the parties hereto and (ii) there shall be no third party beneficiaries shall be a beneficiary or have the right to enforce this Agreement or any of the terms and provisions hereof.

Parties in Interest. This Agreement shall be binding ------------------- upon and inure solely to the benefit of each party hereto and, with respect to the provisions of Section 8.6 and 10.3, shall inure to the benefit of the parties hereto and their respective successors and permitted assignspersons or entities benefitting from the provisions thereof who are intended to be third-party beneficiaries thereof. Except as may be explicitly stated provided in the preceding sentence, nothing in this Agreement, (i) this Agreement express or implied, is not for the benefit of intended to or shall confer upon any other person any rights, benefits or entity and (ii) there shall be no third party beneficiaries hereofremedies of any nature whatsoever under or by reason of this Agreement.