Release Clause Example with 212 Variations from Business Contracts
This page contains Release clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Release. (a) In consideration of the agreements of Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each Borrower, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent and each Lender and their respective successors and assigns, and their respective present and former shareholders, affil...iates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders and all such other persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a "Claim" and collectively, "Claims") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Borrower or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the Second Amendment Effective Date, including, without limitation, for or on account of, or in relation to, or in any way in connection with the Loan Agreement or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each Borrower understands, acknowledges and agrees that its release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.View More
Variations of a "Release" Clause from Business Contracts
Release. (a) In consideration As a material part of the agreements of consideration for Administrative Agent and the Lenders contained herein and for other good and valuable consideration, entering into this Agreement, the receipt and sufficiency Loan Parties agree as follows (the "Release Provision"): (a) By their respective signatures below, the Loan Parties hereby agree that the Administrative Agent, the Lenders, each of which is hereby acknowledged, each Borrower, on behalf of itself and its successo...rs, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent their respective Affiliates and each Lender of the foregoing Persons' respective officers, managers, members, directors, advisors, sub-advisors, partners, agents and employees, and their respective successors and assigns, assigns (hereinafter all of the above collectively referred to as the "Lender Group"), are irrevocably and their respective present unconditionally released, discharged and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders acquitted from any and all such other persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, claims, demands, damages and any and all other claims, counterclaims, defenses, rights liabilities of set-off, demands and liabilities whatsoever (individually, a "Claim" and collectively, "Claims") of every name and whatever kind or nature, in law or in equity, now known or unknown, suspected or unsuspected, both at law and in equity, which any Borrower or unsuspected to the extent that any of its successors, assigns, the foregoing arises from any action or other legal representatives may now failure to act under or hereafter own, hold, have or claim to have against otherwise arising in connection with the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time Investment Documents on or prior to the Second Amendment Effective Date, including, without limitation, date hereof. (b) Each Loan Party hereby acknowledges, represents and warrants to the Lender Group that: (i) it has read and understands the effect of the Release Provision. Each Loan Party has had the assistance of independent counsel of its own choice, or has had the opportunity to retain such independent counsel, in reviewing, discussing, and considering all the terms of the Release Provision; and if counsel was retained, counsel for such Loan Party has read and considered the Release Provision and advised such Loan Party with respect to the same. Before execution of this Agreement, such Loan Party has had adequate opportunity to make whatever investigation or on account of, inquiry it may deem necessary or in relation to, or in any way desirable in connection with the Loan Agreement or any subject matter of the other Release Provision. (ii) no Loan Documents Party is acting in reliance on any representation, understanding, or transactions thereunder or related thereto. (b) Each Borrower understands, acknowledges and agrees that its release agreement not expressly set forth above may be pleaded herein. Each Loan Party acknowledges that the Lender Group has not made any representation with respect to the Release Provision except as a full expressly set forth herein. (iii) each Loan Party has executed this Agreement and complete defense the Release Provision thereof as its free and may be used as a basis for an injunction against voluntary act, without any action, suit duress, coercion, or other proceeding which may be instituted, prosecuted undue influence exerted by or attempted in breach on behalf of any person. (iv) the Loan Parties are the sole owner of the provisions of claims released by the Release Provision, and no Loan Party has heretofore conveyed or assigned any interest in any such release. claims to any other Person. (c) Each Borrower agrees Loan Party understands that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect the Release Provision was a material consideration in any manner the final, absolute and unconditional nature agreement of the release set forth above. Administrative Agent and the Lenders to enter into this Agreement. The Release Provision shall be in addition to any rights, privileges and immunities granted to the Administrative Agent and the Lenders under the Investment Documents. View More
Release. (a) In consideration As a material part of the agreements of consideration for Administrative Agent and the Lenders contained herein entering into this Agreement, the Loan Parties agree as follows (the "Release Provision"): (a) By their respective signatures below, the Loan Parties hereby agree that the Administrative Agent, the Lenders, each of their respective Affiliates and for other good the foregoing Persons' respective officers, managers, members, directors, advisors, sub-advisors, partner...s, agents and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each Borrower, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent and each Lender employees, and their respective successors and assigns, assigns (hereinafter all of the above collectively referred to as the "Lender Group"), are irrevocably and their respective present unconditionally released, discharged and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders acquitted from any and all such other persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, claims, demands, damages and any and all other claims, counterclaims, defenses, rights liabilities of set-off, demands and liabilities whatsoever (individually, a "Claim" and collectively, "Claims") of every name and whatever kind or nature, in law or in equity, now known or unknown, suspected or unsuspected, both at law and in equity, which any Borrower or unsuspected to the extent that any of its successors, assigns, the foregoing arises from any action or other legal representatives may now failure to act under or hereafter own, hold, have or claim to have against otherwise arising in connection with the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time Investment Documents on or prior to the Second Eighth Amendment Effective Date, including, without limitation, Date. (b) Each Loan Party hereby acknowledges, represents and warrants to the Lender Group that: (i) it has read and understands the effect of the Release Provision. Each Loan Party has had the assistance of independent counsel of its own choice, or has had the opportunity to retain such independent counsel, in reviewing, discussing, and considering all the terms of the Release Provision; and if counsel was retained, counsel for such Loan Party has read and considered the Release Provision and advised such Loan Party with respect to the same. Before execution of this Agreement, such Loan Party has had adequate opportunity to make whatever investigation or on account of, inquiry it may deem necessary or in relation to, or in any way desirable in connection with the Loan Agreement or any subject matter of the other Release Provision. (ii) no Loan Documents Party is acting in reliance on any representation, understanding, or transactions thereunder or related thereto. (b) Each Borrower understands, acknowledges and agrees that its release agreement not expressly set forth above may be pleaded herein. Each Loan Party acknowledges that the Lender Group has not made any representation with respect to the Release Provision except as a full expressly set forth herein. (iii) each Loan Party has executed this Agreement and complete defense the Release Provision thereof as its free and may be used as a basis for an injunction against voluntary act, without any action, suit duress, coercion, or other proceeding which may be instituted, prosecuted undue influence exerted by or attempted in breach on behalf of any person. (iv) the Loan Parties are the sole owners of the provisions of claims released by the Release Provision, and no Loan Party has heretofore conveyed or assigned any interest in any such release. claim to any other Person. (c) Each Borrower agrees Loan Party understands that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect the Release Provision was a material consideration in any manner the final, absolute and unconditional nature agreement of the release set forth above. Administrative Agent and the Lenders to enter into this Agreement. The Release Provision shall be in addition to any rights, privileges and immunities granted to the Administrative Agent and the Lenders under the Investment Documents. View More
Release. (a) In consideration As a material part of the agreements of consideration for Administrative Agent and the Lenders contained herein and for other good and valuable consideration, entering into this Agreement, the receipt and sufficiency Loan Parties agree as follows (the "Release Provision"): (a) By their respective signatures below, the Loan Parties hereby agree that the Administrative Agent, the Lenders, each of which is hereby acknowledged, each Borrower, on behalf of itself and its successo...rs, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent their respective Affiliates and each Lender of the foregoing Persons' respective officers, managers, members, directors, advisors, sub-advisors, partners, agents and employees, and their respective successors and assigns, assigns (hereinafter all of the above collectively referred to as the "Lender Group"), are irrevocably and their respective present unconditionally released, discharged and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders acquitted from any and all such other persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, claims, demands, damages and any and all other claims, counterclaims, defenses, rights liabilities of set-off, demands and liabilities whatsoever (individually, a "Claim" and collectively, "Claims") of every name and whatever kind or nature, in law or in equity, now known or unknown, suspected or unsuspected, both at law and in equity, which any Borrower or unsuspected to the extent that any of its successors, assigns, the foregoing arises from any action or other legal representatives may now failure to act under or hereafter own, hold, have or claim to have against otherwise arising in connection with the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time Investment Documents on or prior to the Second Third Amendment Effective Date, including, without limitation, Date. (b) Each Loan Party hereby acknowledges, represents and warrants to the Lender Group that: (i) it has read and understands the effect of the Release Provision. Each Loan Party has had the assistance of independent counsel of its own choice, or has had the opportunity to retain such independent counsel, in reviewing, discussing, and considering all the terms of the Release Provision; and if counsel was retained, counsel for such Loan Party has read and considered the Release Provision and advised such Loan Party with respect to the same. Before execution of this Agreement, such Loan Party has had adequate opportunity to make whatever investigation or on account of, inquiry it may deem necessary or in relation to, or in any way desirable in connection with the Loan Agreement or any subject matter of the other Release Provision. (ii) no Loan Documents Party is acting in reliance on any representation, understanding, or transactions thereunder or related thereto. (b) Each Borrower understands, acknowledges and agrees that its release agreement not expressly set forth above may be pleaded herein. Each Loan Party acknowledges that the Lender Group has not made any representation with respect to the Release Provision except as a full expressly set forth herein. (iii) each Loan Party has executed this Agreement and complete defense the Release Provision thereof as its free and may be used as a basis for an injunction against voluntary act, without any action, suit duress, coercion, or other proceeding which may be instituted, prosecuted undue influence exerted by or attempted in breach on behalf of any person. (iv) the Loan Parties are the sole owners of the provisions of claims released by the Release Provision, and no Loan Party has heretofore conveyed or assigned any interest in any such release. claims to any other Person. (c) Each Borrower agrees Loan Party understands that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect the Release Provision was a material consideration in any manner the final, absolute and unconditional nature agreement of the release set forth above. Administrative Agent and the Lenders to enter into this Agreement. The Release Provision shall be in addition to any rights, privileges and immunities granted to the Administrative Agent and the Lenders under the Investment Documents. View More
Release. (a) In consideration As a material part of the agreements of consideration for Administrative Agent and the Lenders contained herein entering into this Agreement (this Section 4 being the "Release Provision"): (a) By their respective signatures below, the Loan Parties hereby agree that the Administrative Agent, the Lenders, each of their respective Affiliates and for other good the foregoing Persons' respective officers, managers, members, directors, advisors, sub-advisors, partners, agents and ...valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each Borrower, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent and each Lender employees, and their respective successors and assigns, assigns (hereinafter all of the above collectively referred to as the "Lender Group"), are irrevocably and their respective present unconditionally released, discharged and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders acquitted from any and all such other persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, claims, demands, damages and any and all other claims, counterclaims, defenses, rights liabilities of set-off, demands and liabilities whatsoever (individually, a "Claim" and collectively, "Claims") of every name and whatever kind or nature, in law or in equity, now known or unknown, suspected or unsuspected, both at law and in equity, which any Borrower or unsuspected to the extent that any of its successors, assigns, the foregoing arises from any action or other legal representatives may now failure to act under or hereafter own, hold, have or claim to have against otherwise arising in connection with the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time Investment Documents on or prior to the Second Fourteenth Amendment Effective Date, including, without limitation, Date. 3 (b) Each Loan Party hereby acknowledges, represents and warrants to the Lender Group that: (i) it has read and understands the effect of the Release Provision. Each Loan Party has had the assistance of independent counsel of its own choice, or has had the opportunity to retain such independent counsel, in reviewing, discussing, and considering all the terms of the Release Provision; and if counsel was retained, counsel for such Loan Party has read and considered the Release Provision and advised such Loan Party with respect to the same. Before execution of this Agreement, such Loan Party has had adequate opportunity to make whatever investigation or on account of, inquiry it may deem necessary or in relation to, or in any way desirable in connection with the Loan Agreement or any subject matter of the other Release Provision. (ii) no Loan Documents Party is acting in reliance on any representation, understanding, or transactions thereunder or related thereto. (b) Each Borrower understands, acknowledges and agrees that its release agreement not expressly set forth above may be pleaded herein. Each Loan Party acknowledges that the Lender Group has not made any representation with respect to the Release Provision except as a full expressly set forth herein. (iii) each Loan Party has executed this Agreement and complete defense the Release Provision thereof as its free and may be used as a basis for an injunction against voluntary act, without any action, suit duress, coercion, or other proceeding which may be instituted, prosecuted undue influence exerted by or attempted in breach on behalf of any person. (iv) the Loan Parties are the sole owners of the provisions of claims released by the Release Provision, and no Loan Party has heretofore conveyed or assigned any interest in any such release. claim to any other Person. (c) Each Borrower agrees Loan Party understands that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect the Release Provision was a material consideration in any manner the final, absolute and unconditional nature agreement of the release set forth above. Administrative Agent and the Lenders to enter into this Agreement. The Release Provision shall be in addition to any rights, privileges and immunities granted to the Administrative Agent and the Lenders under the Investment Documents. View More
Release. (a) In consideration As a material part of the agreements of consideration for the Administrative Agent and the Lenders contained herein and for other good and valuable consideration, entering into this Agreement, the receipt and sufficiency Loan Parties agree as follows (the "Release Provision"): a) The Administrative Agent, the Lenders, each of which is hereby acknowledged, each Borrower, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, uncon...ditionally and irrevocably releases, remises and forever discharges Agent their respective Affiliates and each Lender of the foregoing Persons' respective officers, managers, members, directors, advisors, sub-advisors, partners, agents and employees, and their respective successors and assigns, assigns (hereinafter all of the above collectively referred to as the "Lender Group"), are irrevocably and their respective present unconditionally released, discharged and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders acquitted from any and all such other persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, claims, demands, damages and any and all other claims, counterclaims, defenses, rights liabilities of set-off, demands and liabilities whatsoever (individually, a "Claim" and collectively, "Claims") of every name and whatever kind or nature, in law or in equity, now known or unknown, suspected or unsuspected, both at law and in equity, which any Borrower or unsuspected to the extent that any of its successors, assigns, the foregoing arises from any action or other legal representatives may now failure to act under or hereafter own, hold, have or claim to have against otherwise arising in connection with the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time Investment Documents, in each case arising on or prior to the Second Sixth Amendment Effective Date, including, without limitation, except to the extent such actions, causes of action, claims, demands, damages and liabilities result from the gross negligence or willful misconduct of any of the Lender Group as determined by a court of competent jurisdiction in a final and nonappealable judgment; provided, however, that, the Loan Parties do not release, discharge or acquit the Lender Group from their respective obligations specifically set forth in this Agreement. b) Each Loan Party hereby acknowledges, represents and warrants to the Lender Group that: i) it has read and understands the effect of the Release Provision. Each Loan Party has had the assistance of independent counsel of its own choice, or has had the opportunity to retain such independent counsel, in reviewing, discussing, and considering all the terms of the Release Provision; and if counsel was retained, counsel for such Loan Party has read and considered the Release Provision and advised such Loan Party with respect to the same. Before execution of this Agreement, such Loan Party has had adequate opportunity to make whatever investigation or on account of, inquiry it may deem necessary or in relation to, or in any way desirable in connection with the subject matter of the Release Provision. ii) no Loan Party is acting in reliance on any representation, understanding, or agreement not expressly set forth herein or in the Credit Agreement or other Investment Documents. Each Loan Party acknowledges that the Lender Group has not made any representation with respect to the Release Provision except as expressly set forth herein. iii) each Loan Party has executed this Agreement and the Release Provision thereof as its free and voluntary act, without any duress, coercion, or undue influence exerted by or on behalf of any person. iv) the Loan Parties are the sole owners of the claims released by the Release Provision, and no Loan Party has heretofore conveyed or assigned any interest in any such claims to any other Person. c) Each Loan Documents or transactions thereunder or related thereto. (b) Each Borrower understands, acknowledges and agrees Party understands that its release set forth above may be pleaded as the Release Provision was a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted material consideration in breach the agreement of the provisions of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence or transaction which could now Administrative Agent and the Lenders to enter into this Agreement. The Release Provision shall be asserted or which may hereafter be discovered shall affect in addition to any manner rights, privileges and immunities granted to the final, absolute Administrative Agent and unconditional nature of the release set forth above. Lenders under the Investment Documents. View More
Release. (a) In consideration As a material part of the agreements of consideration for the Administrative Agent and the Lenders contained herein and for other good and valuable consideration, entering into this Agreement, the receipt and sufficiency Loan Parties agree as follows (the "Release Provision"): (a) By their respective signatures below, the Loan Parties hereby agree that the Administrative Agent, the Lenders, each of which is hereby acknowledged, each Borrower, on behalf of itself and its succ...essors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent their respective Affiliates and each Lender of the foregoing Persons' respective officers, managers, members, directors, advisors, sub-advisors, partners, agents and employees, and their respective successors and assigns, assigns (hereinafter all of the above collectively referred to as the "Lender Group"), are irrevocably and their respective present unconditionally released, discharged and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders acquitted from any and all such other persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, claims, demands, damages and any and all other claims, counterclaims, defenses, rights liabilities of set-off, demands and liabilities whatsoever (individually, a "Claim" and collectively, "Claims") of every name and whatever kind or nature, in law or in equity, now known or unknown, suspected or unsuspected, both at law and in equity, which any Borrower or unsuspected to the extent that any of its successors, assigns, the foregoing arises from any action or other legal representatives may now failure to act under or hereafter own, hold, have or claim to have against otherwise arising in connection with the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time Investment Documents, in each case arising on or prior to the Second First Amendment Effective Date, including, without limitation, except to the extent such actions, causes of action, claims, demands, damages and liabilities result from the gross negligence or willful misconduct of any of the Lender Group as determined by a court of competent jurisdiction in a final and nonappealable judgment; provided, however, that, the Loan Parties do not release, discharge or acquit the Lender Group from their respective obligations specifically set forth in this Agreement. (b) Each Loan Party hereby acknowledges, represents and warrants to the Lender Group that: 3 (i) it has read and understands the effect of the Release Provision. Each Loan Party has had the assistance of independent counsel of its own choice, or has had the opportunity to retain such independent counsel, in reviewing, discussing, and considering all the terms of the Release Provision; and if counsel was retained, counsel for such Loan Party has read and considered the Release Provision and advised such Loan Party with respect to the same. Before execution of this Agreement, such Loan Party has had adequate opportunity to make whatever investigation or on account of, inquiry it may deem necessary or in relation to, or in any way desirable in connection with the subject matter of the Release Provision. (ii) no Loan Party is acting in reliance on any representation, understanding, or agreement not expressly set forth herein or in the Amended Credit Agreement or other Investment Documents. Each Loan Party acknowledges that the Lender Group has not made any representation with respect to the Release Provision except as expressly set forth herein. (iii) each Loan Party has executed this Agreement and the Release Provision thereof as its free and voluntary act, without any duress, coercion, or undue influence exerted by or on behalf of any person. (iv) the Loan Parties are the sole owners of the claims released by the Release Provision, and no Loan Party has heretofore conveyed or assigned any interest in any such claims to any other Person. (c) Each Loan Documents or transactions thereunder or related thereto. (b) Each Borrower understands, acknowledges and agrees Party understands that its release set forth above may be pleaded as the Release Provision was a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted material consideration in breach the agreement of the provisions of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence or transaction which could now Administrative Agent and the Lenders to enter into this Agreement. The Release Provision shall be asserted or which may hereafter be discovered shall affect in addition to any manner rights, privileges and immunities granted to the final, absolute Administrative Agent and unconditional nature of the release set forth above. Lenders under the Investment Documents. View More
Release. (a) In consideration of the agreements of Agent and the Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the Parent, the Borrower and each Borrower, on behalf of itself and its successors, assigns, and other legal representatives, Loan Party Obligor hereby absolutely, unconditionally and irrevocably releases, remises releases and forever discharges Agent and each Lender and their respective directors, officer...s, employees, agents, attorneys, affiliates, subsidiaries, successors and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders assigns from any and all such other persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee"), of and from all demands, liabilities, obligations, actions, contracts, claims, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages damages, demands, costs and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities expenses whatsoever (individually, a "Claim" and collectively, "Claims") (collectively "Claims"), of every name kind and nature, however evidenced or created, whether known or unknown, suspected directly arising out of, connected with or unsuspected, both at law and in equity, which related to the Loan Agreement (as amended hereby) or any other Loan Document, or any act, event or transaction related or attendant thereto, other than Claims arising out of fraud or willful misconduct, arising prior to or on the date hereof, including, but not limited to, any Claims involving the extension of credit under the Loan Agreement or the other Loan Documents, as each may be amended, the Obligations incurred by the Parent, the Borrower or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees Loan Party Obligor or any of them for, upon, other transactions evidenced by or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior related to the Second Amendment Effective Date, including, without limitation, for or on account of, or in relation to, or in any way in connection with the Loan Agreement or any of the other Loan Documents Documents. 3 of 4 6. Miscellaneous. a. This Amendment shall be governed by and construed in accordance with the law of the State of New York applicable to contracts made and to be performed therein without regard to conflict of law principles. Further, the law of the State of New York shall apply to all disputes or transactions thereunder controversies arising out of or connected to or with this Amendment without regard to conflict of law principles. All parts of the Loan Agreement not affected by this Amendment are hereby ratified and affirmed in all respects, provided that if any provision of the Loan Agreement shall conflict or be inconsistent with this Amendment, the terms of this Amendment shall supersede and prevail. Upon the execution of this Amendment, unless expressly indicated otherwise, all references to the Loan Agreement in that document, or in any related thereto. (b) Each Borrower understands, acknowledges document, shall mean the Loan Agreement as amended by this Amendment. Except as expressly provided in this Amendment, the execution and agrees that its release set forth above may be pleaded as delivery of this Amendment does not and will not amend, modify or supplement any provision of, or constitute a full and complete defense and may be used as consent to or a basis for an injunction against waiver of any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of noncompliance with the provisions of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence the Loan Agreement, and, except as specifically provided in this Amendment, the Loan Agreement shall remain in full force and effect. b. This Amendment may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Amendment and the other Loan Documents constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or transaction which could now written, relating to the subject matter hereof. Delivery of an executed counterpart of a signature page to this Amendment by telecopy, pdf or other electronic transmission shall be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature as effective as delivery of the release set forth above. a manually executed counterpart of this Amendment. View More
Release. (a) In consideration of the agreements of Agent and the Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the Parent, the Borrower and each Borrower, on behalf of itself and its successors, assigns, and other legal representatives, Loan Party Obligor hereby absolutely, unconditionally and irrevocably releases, remises releases and forever discharges Agent and each Lender and their respective directors, officer...s, employees, agents, attorneys, affiliates, subsidiaries, successors and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders assigns from any and all such other persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee"), of and from all demands, liabilities, obligations, actions, contracts, claims, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages damages, demands, costs and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities expenses whatsoever (individually, a "Claim" and collectively, "Claims") (collectively "Claims"), of every name kind and nature, however evidenced or created, whether known or unknown, suspected directly arising out of, connected with or unsuspected, both at law and in equity, which related to the Loan Agreement (as amended hereby) or any other Loan Document, or any act, event or transaction related or attendant thereto, other than Claims arising out of fraud or willful misconduct, arising prior to or on the date hereof, including, but not limited to, any Claims involving the extension of credit under the Loan Agreement or the other Loan Documents, as each may be amended, the Obligations incurred by the Parent, the Borrower or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees Loan Party Obligor or any of them for, upon, other transactions evidenced by or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior related to the Second Amendment Effective Date, including, without limitation, for or on account of, or in relation to, or in any way in connection with the Loan Agreement or any of the other Loan Documents 5. Miscellaneous. a. This Amendment shall be governed by and construed in accordance with the law of the State of New York applicable to contracts made and to be performed therein without regard to conflict of law principles. Further, the law of the State of New York shall apply to all disputes or transactions thereunder controversies arising out of or connected to or with this Amendment without regard to conflict of law principles. All parts of the Loan Agreement not affected by this Amendment are hereby ratified and affirmed in all respects, provided that if any provision of the Loan Agreement shall conflict or be inconsistent with this Amendment, the terms of this Amendment shall supersede and prevail. Upon the execution of this Amendment, unless expressly indicated otherwise, all references to the Loan Agreement in that document, or in any related thereto. (b) Each Borrower understands, acknowledges document, shall mean the Loan Agreement as amended by this Amendment. Except as expressly provided in this Amendment, the execution and agrees that its release set forth above may be pleaded as delivery of this Amendment does not and will not amend, modify or supplement any provision of, or constitute a full and complete defense and may be used as consent to or a basis for an injunction against waiver of any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of noncompliance with the provisions of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence the Loan Agreement, and, except as specifically provided in this Amendment, the Loan Agreement shall remain in full force and effect. b. This Amendment may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Amendment and the other Loan Documents constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or transaction which could now written, relating to the subject matter hereof. Delivery of an executed counterpart of a signature page to this Amendment by telecopy, pdf or other electronic transmission shall be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature as effective as delivery of the release set forth above. a manually executed counterpart of this Amendment. View More
Release. (a) In consideration of the agreements of the Agent and the Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the Parent, the Borrower and each Borrower, on behalf of itself and its successors, assigns, and other legal representatives, Loan Party Obligor hereby absolutely, unconditionally and irrevocably releases, remises releases and forever discharges the Agent and each Lender and their respective directors,... officers, employees, agents, attorneys, affiliates, subsidiaries, successors and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders assigns from any and all such other persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee"), of and from all demands, liabilities, obligations, actions, contracts, claims, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages damages, demands, costs and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities expenses whatsoever (individually, a "Claim" and collectively, "Claims") (collectively "Claims"), of every name kind and nature, however evidenced or created, whether known or unknown, suspected directly arising out of, connected with or unsuspected, both at law and in equity, which related to the Loan Agreement (as amended hereby) or any other Loan Document, or any act, event or transaction related or attendant thereto, other than Claims arising out of fraud or willful misconduct, arising prior to or on the date hereof, including, but not limited to, any Claims involving the extension of credit under the Loan Agreement or the other Loan Documents, as each may be amended, the Obligations incurred by the Parent, the Borrower or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees Loan Party Obligor or any of them for, upon, other transactions evidenced by or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior related to the Second Amendment Effective Date, including, without limitation, for or on account of, or in relation to, or in any way in connection with the Loan Agreement or any of the other Loan Documents 8. Miscellaneous. 8.1. This Amendment shall be governed by and construed in accordance with the law of the State of New York applicable to contracts made and to be performed therein without regard to conflict of law principles. Further, the law of the State of New York shall apply to all disputes or transactions thereunder controversies arising out of or connected to or with this Amendment without regard to conflict of law principles. All parts of the Loan Agreement not affected by this Amendment are hereby ratified and affirmed in all respects, provided that if any provision of the Loan Agreement shall conflict or be inconsistent with this Amendment, the terms of this Amendment shall supersede and prevail. Upon the execution of this Amendment, unless expressly indicated otherwise, all references to the Loan Agreement in that document, or in any related thereto. (b) Each Borrower understands, acknowledges document, shall mean the Loan Agreement as amended by this Amendment. Except as expressly provided in this Amendment, the execution and agrees that its release set forth above may be pleaded as delivery of this Amendment does not and will not amend, modify or supplement any provision of, or constitute a full and complete defense and may be used as consent to or a basis for an injunction against waiver of any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of noncompliance with the provisions of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence the Loan Agreement, and, except as specifically provided in this Amendment, the Loan Agreement shall remain in full force and effect. 8.2. This Amendment may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Amendment and the other Loan Documents constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or transaction which could now written, relating to the subject matter hereof. Delivery of an executed counterpart of a signature page to this Amendment by telecopy, pdf or other electronic transmission shall be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature as effective as delivery of the release set forth above. a manually executed counterpart of this Amendment. View More
Release. (a) In consideration of the agreements of the Agent and the Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the Parent, the Borrower and each Borrower, on behalf of itself and its successors, assigns, and other legal representatives, Loan Party Obligor hereby absolutely, unconditionally and irrevocably releases, remises releases and forever discharges the Agent and each Lender and their respective directors,... officers, employees, agents, attorneys, affiliates, subsidiaries, successors and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders assigns from any and all such other persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee"), of and from all demands, liabilities, obligations, actions, contracts, claims, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages damages, demands, costs and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities expenses whatsoever (individually, a "Claim" and collectively, "Claims") (collectively "Claims"), of every name kind and nature, however evidenced or created, whether known or unknown, suspected directly arising out of, connected with or unsuspected, both at law and in equity, which related to the Loan Agreement (as amended hereby) or any other Loan Document, or any act, event or transaction related or attendant thereto, other than Claims arising out of fraud or willful misconduct, arising prior to or on the date hereof, including, but not limited to, any Claims involving the extension of credit under the Loan Agreement or the other Loan Documents, as each may be amended, the Obligations incurred by the Parent, the Borrower or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees Loan Party Obligor or any of them for, upon, other transactions evidenced by or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior related to the Second Amendment Effective Date, including, without limitation, for or on account of, or in relation to, or in any way in connection with the Loan Agreement or any of the other Loan Documents 6. Miscellaneous. a. This Amendment shall be governed by and construed in accordance with the law of the State of New York applicable to contracts made and to be performed therein without regard to conflict of law principles. Further, the law of the State of New York shall apply to all disputes or transactions thereunder controversies arising out of or connected to or with this Amendment without regard to conflict of law principles. All parts of the Loan Agreement not affected by this Amendment are hereby ratified and affirmed in all respects, provided that if any provision of the Loan Agreement shall conflict or be inconsistent with this Amendment, the terms of this Amendment shall supersede and prevail. Upon the execution of this Amendment, unless expressly indicated otherwise, all references to the Loan Agreement in that document, or in any related thereto. (b) Each Borrower understands, acknowledges document, shall mean the Loan Agreement as amended by this Amendment. Except as expressly provided in this Amendment, the execution and agrees that its release set forth above may be pleaded as delivery of this Amendment does not and will not amend, modify or supplement any provision of, or constitute a full and complete defense and may be used as consent to or a basis for an injunction against waiver of any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of noncompliance with the provisions of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence the Loan Agreement, and, except as specifically provided in this Amendment, the Loan Agreement shall remain in full force and effect. b. This Amendment may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Amendment and the other Loan Documents constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or transaction which could now written, relating to the subject matter hereof. Delivery of an executed counterpart of a signature page to this Amendment by telecopy, pdf or other electronic transmission shall be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature as effective as delivery of the release set forth above. a manually executed counterpart of this Amendment. View More
