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 By its execution hereof and in consideration of the agreements of Agent and Lenders contained terms herein and for other good and valuable consideration, accommodations granted to the receipt and sufficiency of which is hereby acknowledged, each Borrower, Borrower on behalf of itself and each of the Loan Parties, and its or their successors, assigns, assigns and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent a...gents, the Borrower on behalf of itself and each Lender of the Loan Parties hereby expressly forever waives, releases and their respective successors and assigns, and their respective present and former shareholders, affiliates, 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 discharges any and all other claims, claims (including cross-claims, counterclaims, defenses, 8 and rights of set-off, demands setoff and liabilities whatsoever (individually, a "Claim" recoupment), causes of action (whether direct or derivative in nature), demands, suits, costs, expenses and collectively, damages (collectively, the "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, may, as a result of actions or by reason of any circumstance, action, cause or thing whatsoever which arises at any time inactions occurring on or prior to the Second Ninth Amendment Effective Date, including, without limitation, for have or allege to have as of the date of this Amendment or at any time thereafter (and all defenses that may arise out of any of the foregoing) of any nature, description, or kind whatsoever, based in whole or in part on account facts, whether actual, contingent or otherwise, now known, unknown, or subsequently discovered, whether arising in Law, at equity or otherwise, against the Agent or any Lender, their respective affiliates, agents, principals, managers, managing members, members, stockholders, "controlling persons" (within the meaning of the United States federal securities laws), directors, officers, employees, attorneys, consultants, advisors, agents, trusts, trustors, beneficiaries, heirs, executors and administrators of each of the foregoing (collectively, the "Released Parties") arising out of, or in relation relating to, or in any way in connection with this Amendment, the Loan Agreement or any of Credit Agreement, the other Loan Documents and any or all of the actions and transactions thereunder contemplated hereby or related thereto. (b) Each thereby, including any actual or alleged performance or non-performance of any of the Released Parties hereunder or under the Loan Documents (the "Released Matters"). In entering into this Amendment, the Borrower understands, on behalf of itself and each Loan Party expressly disclaims any reliance on any representations, acts, or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and agrees that its release effectiveness of the releases set forth above may be pleaded as a does not depend in any way on any such representation, acts and/or omissions or the accuracy, completeness, or validity thereof. The provisions of this Section 11 shall survive the termination of this Amendment and the Loan Documents and the payment in 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 cash of all Obligations of the provisions of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence Loan Parties under or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature respect of the release set forth above. Credit Agreement and other Loan Documents and all other amounts owing thereunder. View More
Release. (a) In By its execution hereof and in consideration of the agreements of Agent and Lenders contained terms herein and for other good and valuable consideration, accommodations granted to the receipt and sufficiency of which is hereby acknowledged, each Borrower, Borrower on behalf of itself and each of the Loan Parties, and its or their successors, assigns, assigns and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent a...gents, the Borrower on behalf of itself and each Lender of the Loan Parties hereby expressly forever waives, releases and their respective successors and assigns, and their respective present and former shareholders, affiliates, 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 discharges any and all other claims, claims (including cross-claims, counterclaims, defenses, and rights of set-off, demands setoff and liabilities whatsoever (individually, a "Claim" recoupment), causes of action (whether direct or derivative in nature), demands, suits, costs, expenses and collectively, damages (collectively, the "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, may, as a result of actions or by reason of any circumstance, action, cause or thing whatsoever which arises at any time inactions occurring on or prior to the Second Tenth Amendment Effective Date, including, without limitation, for have or allege to have as of the date of this Amendment or at any time thereafter (and all defenses that may arise out of any of the foregoing) of any nature, description, or kind whatsoever, based in whole or in part on account facts, whether actual, contingent or otherwise, now known, unknown, or subsequently discovered, whether arising in Law, at equity or otherwise, against the Agent or any Lender, their respective affiliates, agents, principals, managers, managing members, members, stockholders, "controlling persons" (within the meaning of the United States federal securities laws), directors, officers, employees, attorneys, consultants, advisors, agents, trusts, trustors, beneficiaries, heirs, executors and administrators of each of the foregoing (collectively, the "Released Parties") arising out of, or in relation relating to, or in any way in connection with this Amendment, the Loan Agreement or any of Credit Agreement, the other Loan Documents and any or all of the actions and transactions thereunder contemplated hereby or related thereto. (b) Each thereby, including any actual or alleged performance or non-performance of any of the Released Parties hereunder or under the Loan Documents (the "Released Matters"). In entering into this Amendment, the Borrower understands, on behalf of itself and each Loan Party expressly disclaims any reliance on any representations, acts, or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and agrees that its release effectiveness of the releases set forth above may be pleaded as a does not depend in any way on any such representation, acts and/or omissions or the accuracy, completeness, or validity thereof. The provisions of this Section 12 shall survive the termination of this Amendment and the Loan Documents and the payment in 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 cash of all Obligations of the provisions of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence Loan Parties under or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature respect of the release set forth above. Credit Agreement and other Loan Documents and all other amounts owing thereunder. View More
Release. Each Loan Party hereby acknowledges and agrees that: (a) In neither it nor any of its Subsidiaries has any claim or cause of action against any Agent or any Lender (or any of the directors, officers, employees, agents, attorneys or consultants of any of the foregoing) and (b) the Agents and the Lenders have heretofore properly performed and satisfied in a timely manner all of their obligations to the Loan Parties, and all of their Subsidiaries and Affiliates. Notwithstanding the foregoing, the A...gents and the Lenders wish (and the Loan Parties agree) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of their rights, interests, security and/or remedies. Accordingly, for and in consideration of the agreements of Agent contained in this Fifth Amendment 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 Loan Party (for itself and its Subsidiaries and Affiliates and the successors, assigns, heirs and other legal representatives, representatives of each of the foregoing) (collectively, the "Releasors") does hereby absolutely, fully, finally, unconditionally and irrevocably releases, remises release, waive and forever discharges Agent discharge the Agents and the Lenders, together with their respective Affiliates and Related Funds, and each Lender and their respective successors and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, of the directors, officers, attorneys, employees, agents agents, attorneys and other representatives (Agent, Lenders consultants of each of the foregoing (collectively, the "Released Parties"), from any and all such other persons being hereinafter referred to collectively as the "Releasees" debts, claims, allegations, obligations, damages, costs, attorneys' fees, suits, demands, liabilities, actions, proceedings 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, in each case, whether known or unknown, suspected contingent or unsuspected, both at fixed, direct or indirect, and of whatever nature or description, and whether in law and or in equity, under contract, tort, statute or otherwise, which any Borrower Releasor has heretofore had or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have can, shall or claim to may have against the Releasees or any of them for, upon, or Released Party by reason of any circumstance, action, cause act, omission or thing whatsoever which arises at any time done or omitted to be done, in each case, on or prior to the Second Fifth Amendment Effective Date, including, without limitation, for Date directly arising out of, connected with or on account of, or in relation to, or in any way in connection with related to this Fifth Amendment, the Loan Financing Agreement or any other Loan Document, or any act, event or transaction related or attendant thereto, or the agreements of any Agent or any Lender contained therein, or the possession, use, operation or control of any of the assets of any Loan Party, or the making of any Loans or other advances, or the management of such Loans or other advances or the Collateral. Each Loan Documents Party represents and warrants that it has no knowledge of any claim by any Releasor against any Released Party or transactions thereunder of any facts or related thereto. (b) Each Borrower understands, acknowledges acts or omissions of any Released Party which on the date hereof would be the basis of a claim by any Releasor against any Released Party which would not be released hereby. 10. Further Assurances. The Loan Parties shall execute any and agrees that its release set forth above all further documents, agreements and instruments, and take all further actions, as may be pleaded required under Applicable Law or as a full and complete defense and any Agent may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted reasonably request, in breach order to effect the purposes 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. this Fifth Amendment. View More
Release. (a) In The Agents and the Lenders wish (and each Loan Party agrees) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of the Agents' and the Lenders' rights, interests, security and/or remedies under the Financing Agreement and the other Loan Documents. Accordingly, for and in consideration of the agreements of Agent contained in this Amendment 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 Loan Party (for itself and its Affiliates and the successors, assigns, heirs and other legal representatives, representatives of each of the foregoing) (collectively, the "Releasors") does hereby absolutely, fully, finally, unconditionally and irrevocably releases, remises release and forever discharges Agent and discharge each Agent, each Lender and each of their respective successors Affiliates, officers, directors, employees, attorneys, consultants and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders (collectively, the "Released Parties") from any and all such other persons being hereinafter referred to collectively as the "Releasees" debts, claims, obligations, damages, costs, attorneys' fees, suits, demands, liabilities, actions, proceedings 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, in each case, whether known or unknown, suspected contingent or unsuspected, both at fixed, direct or indirect, and of whatever nature or description, and whether in law and or in equity, under contract, tort, statute or otherwise, which any Borrower Releasor has heretofore had or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have can, shall or claim to may have against the Releasees or any of them for, upon, or Released Party by reason of any circumstance, action, cause act, omission or thing whatsoever which arises at any time on done or omitted to be done prior to the Second Third Amendment Effective Date, including, without limitation, for Date arising out of, connected with 4 or on account of, or in relation to, or related in any way in connection with to this Amendment, the Loan Financing Agreement or any other Loan Document, or any act, event or transaction related or attendant thereto, or the agreements of any Agent or any Lender contained therein, or the possession, use, operation or control of any of the other assets of each Loan Documents Party, 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 the making of any action, suit Loans or other proceeding which may be instituted, prosecuted advances, or attempted in breach of the provisions management of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence Loans or transaction which could now be asserted advances or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of Collateral prior to the release set forth above. Third Amendment Effective Date. View More
Release. Each Loan Party hereby acknowledges and agrees that: (a) In neither it nor any of its Affiliates has any claim or cause of action against Agent or any Lender (or any of their respective Affiliates, officers, directors, employees, attorneys, consultants or agents) and (b) Agent and each Lender has heretofore properly performed and satisfied in a timely manner all of its obligations to the Loan Parties and their Affiliates under the Loan Agreement and the other Loan Documents that are required to ...have been performed on or prior to the date hereof. Notwithstanding the foregoing, Agent and the Lenders wish (and the Loan Parties agree) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of Agent and the Lenders' rights, interests, security and/or remedies under the Loan Agreement and the other Loan Documents. Accordingly, for and in consideration of the agreements of Agent contained in this Fifth Amendment 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 Loan Party (for itself and its Affiliates and the successors, assigns, heirs and other legal representatives, representatives of each of the foregoing) (collectively, the "Releasors") does hereby absolutely, fully, finally, unconditionally and irrevocably releases, remises release and forever discharges Agent and discharge Agent, each Lender and each of their respective successors Affiliates, officers, directors, employees, attorneys, consultants and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders (collectively, the "Released Parties") from any and all such other persons being hereinafter referred to collectively as the "Releasees" debts, claims, obligations, damages, costs, attorneys' fees, suits, demands, liabilities, actions, proceedings 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, in each case, whether known or unknown, suspected contingent or unsuspected, both at fixed, direct or indirect, and of whatever nature or description, and whether in law and or in equity, under contract, tort, statute or otherwise, which any Borrower Releasor has heretofore had or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have can, shall or claim to may have against the Releasees or any of them for, upon, or Released Party by reason of any circumstance, action, cause act, omission or thing whatsoever which arises at any time done or omitted to be done on or prior to the Second Fifth Amendment Effective Date, including, without limitation, for Date directly arising out of, connected with or on account of, or in relation to, or in any way in connection with related to this Fifth Amendment, the Loan Agreement or any other Loan Document, or any act, event or transaction related or attendant thereto, or the agreements of Agent or any Lender contained therein, or the possession, use, operation or control of any of the assets of any Loan Party, or the making of any Loans or other advances, or the management of such Loans or advances or the Collateral. 6 7. No Novation; Reaffirmation and Confirmation. (a) This Fifth Amendment does not extinguish the obligations for the payment of money outstanding under the Loan Agreement or discharge or release the lien or priority of any mortgage, security agreement, pledge agreement or any other security therefore. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under the Loan Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Fifth Amendment shall be construed as a release or other discharge of Borrower under the Loan Agreement, or the other Loan Documents or transactions thereunder or related thereto. Documents, as amended hereby, from any of its obligations and liabilities as "Borrower" thereunder. (b) Each Borrower understands, hereby (i) acknowledges and agrees that reaffirms its release obligations as set forth above may in each Loan Document, as amended hereby, (ii) agrees to continue to comply with, and 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 subject to, all of the provisions terms, provisions, conditions, covenants, agreements and obligations applicable to it set forth in each Loan Document, as amended hereby, which remain in full force and effect, and (iii) confirms, ratifies and reaffirms that the security interest granted to Agent, for the benefit of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence Agent and the Lenders, pursuant to the Loan Documents, as amended hereby, in all of its right, title, and interest in all then existing and thereafter acquired or transaction which could now be asserted or which may hereafter be discovered shall affect arising Collateral in any manner the final, absolute order to secure prompt payment and unconditional nature performance of the release set forth above. Obligations, is continuing and is and shall remain unimpaired and continue to constitute a first priority security interest (subject to Permitted Liens) in favor of Agent, for the benefit of Agent and the Lenders, with the same force, effect and priority in effect both immediately prior to and after entering into this Fifth Amendment. View More
Release. (a) In The Agents and the Lenders wish (and each Loan Party agrees) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of the Agents' and the Lenders' rights, interests, security and/or remedies under the Financing Agreement and the other Loan Documents. Accordingly, for and in consideration of the agreements of Agent contained in this Amendment 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 Loan Party (for itself and its Affiliates and the successors, assigns, heirs and other legal representatives, representatives of each of the foregoing) (collectively, the "Releasors") does hereby absolutely, fully, finally, unconditionally and irrevocably releases, remises release and forever discharges Agent and discharge each Agent, each Lender and each of their respective successors Affiliates, officers, directors, employees, attorneys, 4 consultants and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders (collectively, the "Released Parties") from any and all such other persons being hereinafter referred to collectively as the "Releasees" debts, claims, obligations, damages, costs, attorneys' fees, suits, demands, liabilities, actions, proceedings 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, in each case, whether known or unknown, suspected contingent or unsuspected, both at fixed, direct or indirect, and of whatever nature or description, and whether in law and or in equity, under contract, tort, statute or otherwise, which any Borrower Releasor has heretofore had or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have can, shall or claim to may have against the Releasees or any of them for, upon, or Released Party by reason of any circumstance, action, cause act, omission or thing whatsoever which arises at any time on done or omitted to be done prior to the Second Seventh Amendment Effective Date, including, without limitation, for Date arising out of, connected with or on account of, or in relation to, or related in any way in connection with to this Amendment, the Loan Financing Agreement or any other Loan Document, or any act, event or transaction related or attendant thereto, or the agreements of any Agent or any Lender contained therein, or the possession, use, operation or control of any of the other assets of each Loan Documents Party, 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 the making of any action, suit Loans or other proceeding which may be instituted, prosecuted advances, or attempted in breach of the provisions management of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence Loans or transaction which could now be asserted advances or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of Collateral prior to the release set forth above. Seventh Amendment Effective Date. View More
Release. (a) In The Agents and the Lenders wish (and each Loan Party agrees) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of the Agents' and the Lenders' rights, interests, security and/or remedies under the Financing Agreement and the other Loan Documents. Accordingly, for and in consideration of the agreements of Agent contained in this Amendment 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 Loan Party (for itself and its Affiliates and the successors, assigns, heirs and other legal representatives, representatives of each of the foregoing) (collectively, the "Releasors") does hereby absolutely, fully, finally, unconditionally and irrevocably releases, remises release and forever discharges Agent and discharge each Agent, each Lender and each of their respective successors Affiliates, officers, directors, employees, attorneys, consultants and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders (collectively, the "Released Parties") from any and all such other persons being hereinafter referred to collectively as the "Releasees" debts, claims, obligations, damages, costs, attorneys' fees, suits, demands, liabilities, actions, proceedings 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, in each case, whether known or unknown, suspected contingent or unsuspected, both at fixed, direct or indirect, and of whatever nature or description, and whether in law and or in equity, under contract, tort, statute or otherwise, which any Borrower Releasor has heretofore had or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have can, shall or claim to may have against the Releasees or any of them for, upon, or Released Party by reason of any circumstance, action, cause act, omission or thing whatsoever which arises at any time on done or omitted to be done prior to the Second Fourth Amendment Effective Date, including, without limitation, for Date arising out of, connected with or on account of, or in relation to, or related in any way in connection with to this Amendment, the Loan Financing Agreement or any other Loan Document, or any act, event or transaction related or attendant thereto, or the agreements of any Agent or any Lender contained therein, or the possession, use, operation or control of any of the other assets of each Loan Documents Party, 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 the making of any action, suit Loans or other proceeding which may be instituted, prosecuted advances, or attempted in breach of the provisions management of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence Loans or transaction which could now be asserted advances or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of Collateral prior to the release set forth above. Fourth Amendment Effective Date. View More
Release. (a) In The Agents and the Lenders wish (and each Loan Party agrees) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of the Agents' and the Lenders' rights, interests, security and/or remedies under the Financing Agreement and the other Loan Documents. Accordingly, for and in consideration of the agreements of Agent contained in this Amendment 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 Loan Party (for itself and its Affiliates and the successors, assigns, heirs and other legal representatives, representatives of each of the foregoing) (collectively, the "Releasors") does hereby absolutely, fully, finally, unconditionally and irrevocably releases, remises release and forever discharges Agent and discharge each Agent, each Lender and each of their respective successors Affiliates, officers, directors, employees, attorneys, consultants and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders (collectively, the "Released Parties") from any and all such other persons being hereinafter referred to collectively as the "Releasees" debts, claims, obligations, damages, costs, attorneys' fees, suits, demands, liabilities, actions, proceedings 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, in each case, whether known or unknown, suspected contingent or unsuspected, both at fixed, direct or indirect, and of whatever nature or description, and whether in law and or in equity, under contract, tort, statute or otherwise, which any Borrower Releasor has heretofore had or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have can, shall or claim to may have against the Releasees or any of them for, upon, or Released Party by reason of any circumstance, action, cause act, omission or thing whatsoever which arises at any time on done or omitted to be done prior to the Second Fifth Amendment Effective Date, including, without limitation, for Date arising out of, connected with or on account of, or in relation to, or related in any way in connection with to this Amendment, the Loan Financing Agreement or any other Loan Document, or any act, event or transaction related or attendant thereto, or the agreements of any Agent or any Lender contained therein, or the possession, use, operation or control of any of the other assets of each Loan Documents Party, 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 the making of any action, suit Loans or other proceeding which may be instituted, prosecuted advances, or attempted in breach of the provisions management of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence Loans or transaction which could now be asserted advances or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of Collateral prior to the release set forth above. Fifth Amendment Effective Date. View More
Release. Each Loan Party hereby acknowledges and agrees that: (a) In neither it nor any of its Affiliates has any claim or cause of action against Agent or any Lender (or any of their respective Affiliates, officers, directors, employees, attorneys, consultants or agents) and (b) Agent and each Lender has heretofore properly performed and satisfied in a timely manner all of its obligations to the Loan Parties and their Affiliates under the Loan Agreement and the other Loan Documents that are required to ...have been performed on or prior to the date hereof. Notwithstanding the foregoing, Agent and the Lenders wish (and the Loan Parties agree) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of Agent and the Lenders' rights, interests, security and/or remedies under the Loan Agreement and the other Loan Documents. Accordingly, for and in consideration of the agreements of Agent contained in this Fourth Amendment 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 Loan Party (for itself and its Affiliates and the successors, assigns, heirs and other legal representatives, representatives of each of the foregoing) (collectively, the "Releasors") does hereby absolutely, fully, finally, unconditionally and irrevocably releases, remises release and forever discharges Agent and discharge Agent, each Lender and each of their respective successors Affiliates, officers, directors, employees, attorneys, consultants and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders (collectively, the "Released Parties") from any and all such other persons being hereinafter referred to collectively as the "Releasees" debts, claims, obligations, damages, costs, attorneys' fees, suits, demands, liabilities, actions, proceedings 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, in each case, whether known or unknown, suspected contingent or unsuspected, both at fixed, direct or indirect, and of whatever nature or description, and whether in law and or in equity, under contract, tort, statute or otherwise, which any Borrower Releasor has heretofore had or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have can, shall or claim to may have against the Releasees or any of them for, upon, or Released Party by reason of any circumstance, action, cause act, omission or thing whatsoever which arises at any time done or omitted to be done on or prior to the Second Fourth Amendment Effective Date, including, without limitation, for Date directly arising out of, connected with or on account of, or in relation to, or in any way in connection with related to this Fourth Amendment, the Loan Agreement or any other Loan Document, or any act, event or transaction related or attendant thereto, or the agreements of Agent or any Lender contained therein, or the possession, use, operation or control of any of the assets of any Loan Party, or the making of any Loans or other advances, or the management of such Loans or advances or the Collateral. 4 6. No Novation; Reaffirmation and Confirmation. (a) This Fourth Amendment does not extinguish the obligations for the payment of money outstanding under the Loan Agreement or discharge or release the lien or priority of any mortgage, security agreement, pledge agreement or any other security therefore. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under the Loan Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Fourth Amendment shall be construed as a release or other discharge of Borrower under the Loan Agreement, or the other Loan Documents or transactions thereunder or related thereto. Documents, as amended hereby, from any of its obligations and liabilities as "Borrower" thereunder. (b) Each Borrower understands, hereby (i) acknowledges and agrees that reaffirms its release obligations as set forth above may in each Loan Document, as amended hereby, (ii) agrees to continue to comply with, and 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 subject to, all of the provisions terms, provisions, conditions, covenants, agreements and obligations applicable to it set forth in each Loan Document, as amended hereby, which remain in full force and effect, and (iii) confirms, ratifies and reaffirms that the security interest granted to Agent, for the benefit of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence Agent and the Lenders, pursuant to the Loan Documents, as amended hereby, in all of its right, title, and interest in all then existing and thereafter acquired or transaction which could now be asserted or which may hereafter be discovered shall affect arising Collateral in any manner the final, absolute order to secure prompt payment and unconditional nature performance of the release set forth above. Obligations, is continuing and is and shall remain unimpaired and continue to constitute a first priority security interest (subject to Permitted Liens) in favor of Agent, for the benefit of Agent and the Lenders, with the same force, effect and priority in effect both immediately prior to and after entering into this Fourth Amendment. View More
Release. (a) In consideration of the agreements of Agent contained in this Agreement 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 Company (for itself and its subsidiaries and the successors, assigns, heirs and other legal representatives, representatives of each of the foregoing) (collectively, the "Releasors") does hereby absolutely, fully, finally, unconditionally and irrevocably rele...ases, remises release and forever discharges Agent discharge each Investor, including Accretive as Investor and as Agent, and each Lender and of their respective successors Affiliates, officers, directors, employees, attorneys, consultants and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, Lenders agents, including, specifically, but without limitation, the Accretive Designee (collectively, the "Released Parties") from any and all such other persons being hereinafter referred to collectively as the "Releasees" debts, claims, obligations, damages, costs, attorneys' fees, suits, demands, liabilities, actions, proceedings 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, in each case, whether known or unknown, suspected contingent or unsuspected, both at fixed, direct or indirect, and of whatever nature or description, and whether in law and or in equity, under contract, tort, statute or otherwise, which any Borrower Releasor has heretofore had or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have can, shall or claim to may have against the Releasees or any of them for, upon, or Released Party by reason of any circumstance, action, cause act, omission or thing whatsoever which arises at any time done or omitted to be done on or prior to the Second Amendment Effective Date, including, without limitation, for date hereof directly arising out of, connected with or on account of, related to this Agreement, the Purchase Agreement, any Note or in relation to, any other Loan document, or in any way in connection with act, event or transaction related or attendant thereto, or the Loan Agreement agreements of any Agent, Accretive Designee or any Investor contained therein, or the possession, use, operation or control of any of the other Loan Documents assets of the Company, 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 the making of any action, suit Loans or other proceeding which may be instituted, prosecuted advances, or attempted in breach of the provisions management of such release. (c) Each Borrower agrees that no fact, event, circumstance, evidence Loans or transaction which could now be asserted advances or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above. collateral. View More
