Agreement Not for the Benefit of Other Parties. (a) Except as set forth in clause (b) of this Section 9.04, this Contract is not intended for the benefit of and shall not be construed to create rights in parties other than the State and the Lead Provider. (b) The State acknowledges that the Lead Provider may collaterally assign its rights under this Contract to the Investors in accordance with a collateral assignment that may be executed contemporaneously with or subsequent to the date hereinabove (together with their successors and assigns, the “Assignees”) as collateral for the obligations of the Lead Provider to the Assignees, and, provided that the collateral assignment comports with the terms of this Contract, the State hereby consents to such collateral assignment. Whether or not the Lead Provider executes any such collateral assignment, the Parties agree that all of the provisions of this Contract that provide for the disbursement or transfer of funds to or for the benefit of the Investors, the delivery of notice, information, or documents to the Investors, the approval of or consent by the Investors, directions that the Investors are permitted to give, and the Investors’ participation with respect to the Operating Committee and the Governance Committee are intended for the specific and direct benefit of the Investors; that neither the State nor the Lead Provider may modify or terminate such provisions (including this Section 9.04(b)) without Investor Consent; that the Investors shall be deemed third-party beneficiaries of such provisions; and that the Investors shall be entitled to enforce such provisions in the same manner and to the same extent as though the Investors were a party to this Contract for such purposes.
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