Common use of Acknowledgement; Release Clause in Contracts

Acknowledgement; Release. The Companies acknowledge and agree that they have no existing defense, counterclaim, offset, cross-complaint, claim or demand of any kind or nature whatsoever that can be asserted to reduce or eliminate all or any part of any of its liability to pay the full indebtedness outstanding under the terms of this Agreement and any other documents which evidence, guaranty or secure the Obligations. As of the Closing Date, the Companies hereby release and forever discharge the Agent, the Banks and all of their respective officers, directors, parents, subsidiaries, affiliates, predecessors, successors, employees, attorneys, advisors, accountants, representatives, consultants and agents (the “ Related Releasees ”) from any and all existing actions, causes of action, debts, dues, claims, demands, liabilities and obligations of every kind and nature, both in law and in equity, known or unknown, whether matured or unmatured, absolute or contingent, including actual, consequential, punitive and other damages that either of them may have against the other and/or the Related Releasees relating to or 106 arising from this Agreement or the other Loan Documents and/or any and all transactions hereunder and thereunder or related thereto, in each case other than any liability to pay the full indebtedness and other amounts owing under the terms of this Agreement and the other Loan Documents, and any other documents which evidence, guaranty or secure the Obligations hereunder and the “Obligations” as such term (or equivalent term however denominated) is used in any of the other Loan Documents.

Acknowledgement; Release. The Companies acknowledge and agree that ------------------------ they have no existing defense, counterclaim, offset, cross-complaint, claim or demand of any kind or nature whatsoever that can be asserted to reduce or eliminate all or any part of any of its liability to pay the full indebtedness outstanding under the terms of this Agreement and any other documents which evidence, guaranty or secure the Obligations. As of the Closing Date, the Companies hereby release and forever discharge the Agent, the Banks and all of their respective officers, directors, parents, subsidiaries, affiliates, predecessors, successors, employees, attorneys, advisors, accountants, representatives, consultants and agents (the “ "Related Releasees ”Releasees") from any and ----------------- all existing actions, causes of action, debts, dues, claims, demands, liabilities and obligations of every kind and nature, both in law and in equity, known or unknown, whether matured or unmatured, absolute or contingent, including actual, consequential, punitive and other damages that either of them may have against the other and/or the Related Releasees relating to or 106 arising from this Agreement or the other Loan Documents and/or any and all transactions hereunder and thereunder or related thereto, in each case other than any liability to pay the full indebtedness and other amounts owing under the terms of this Agreement and the other Loan Documents, and any other documents which evidence, guaranty or secure the Obligations hereunder and the “"Obligations” " as such term (or equivalent term however denominated) is used in any of the other Loan Documents.