Borrower Release. The Borrower hereby absolutely and unconditionally releases and forever discharges the Agent and each of the Banks, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together withal of the present and former directors, officers, agents and employees of any of the foregoing (the “Released Parties”), from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which the Borrower has had, now has or has made claim to have against such Released Party for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment in connection with or related to the transactions evidenced by the Loan Documents, whether such claims, demands and causes of action are mature or unmatured or known or unknown.
Borrower Release. Upon the effectiveness of any Borrower Release (and after giving effect to the receipt and application of any proceeds of a replacement secured financing consummated concurrently therewith), if, after reducing the Collateral Value as set forth on the most recently delivered Collateral Value Certificate by the Appraised Value of the Collateral subject to such Borrower Release, there would be a Collateral Coverage Failure, the Borrower shall do one or more of the following: (i) prepay the Loans, (ii) deposit cash in the Collateral Account to be applied in accordance with Section 2.6(g) or (iii) pledge additional Appraised Collateral or Accounts pursuant to Section 5.8(d)(i) or 5.8(d)(ii), in each case, to the extent necessary to cure such Collateral Coverage Failure.
Borrower Release. Each Borrower hereby fully, finally and forever releases, acquits and discharges (a) Escrow Agent and each Agent and Lender, (b) the predecessors in interest, successors, assigns and affiliates of Escrow Agent and each Agent and Lender and (c) the directors, officers, employees, agents and representatives of Escrow Agent and each Agent and Lender (collectively, the “Released Parties”), from any and all actions, causes of action, claims, debts, demands, liabilities, obligations, contracts, agreements, accounts, defenses, suits and offsets of whatever kind, character or nature whatsoever, in law or equity, contract or in tort, that any Borrower has or in the future may have, whether known or unknown, suspected or unsuspected, for or by reason of any matter, cause or thing whatsoever, arising under that certain letter agreement dated on or about the date hereof among Borrowers, BioFuel Energy Corp. and Pxxxx Xxxxxxx & Co. or otherwise in respect of the IB Engagement (as defined on Schedule I attached hereto) or the transactions contemplated hereby or thereby; provided, however, that the foregoing release shall not be construed as a waiver or release of the agreements of Agents or the Lenders under Section 6 hereof relating to the application of the proceeds of an Approved Sale.
Borrower Release. In consideration of Lender’s entering into this Agreement, Borrower and for itself and its respective heirs, executors, successors and assigns, hereby jointly and severally fully and forever releases, relinquishes, discharges, settles and compromises any and all claims, cross-claims, counterclaims, causes, damages and actions of every kind and character, and all suits, costs, damages, expenses, compensation and liabilities of every kind, character and description, whether direct or indirect, known or unknown, in law or in equity, which it has, had, may have, or will have against Lender, and/or any of its affiliates, parents, directors, agents, representatives, officers, employees, attorneys, consultants, or contractors (collectively, the “Released Lender Parties”) on account of, arising, or resulting from, or in any manner incidental to, any and every thing or event occurring or failing to occur at any time in the past up to and including the Effective Date hereof, including, without limitation, any claims relating to the Loans, the Loan Documents, any act and event relating to Lender’s administration of the Loans or the other Obligations, and any act and event relating to any Released Lender Parties. The foregoing does not act as a release of liability for obligations arising out of performance of this Agreement which shall be administered in accordance with the terms hereof and shall be enforceable by all Parties.
Borrower Release. Upon the Effective Date, Borrower (on behalf of itself and its respective agents, parties in interests, employees, officers, shareholders, members, subsidiaries, parent companies, predecessors, affiliates, successors, assigns and any other related entities) releases, waives and forever discharges Debtors (and their respective bankruptcy estates, agents, parties in interests, employees, officers, shareholders, members, subsidiaries, parent companies, predecessors, affiliates, successors, assigns and any other related entities) from all past or present actions, causes of action, proceedings, claims, administrative expense requests, defenses, demands, damages, costs, liabilities, agreements, promises, warranties, representations, duties, debts, and obligations of every kind whatsoever in law or equity, whether contingent or matured, whether asserted or unasserted, whether known or unknown, that are based on acts, omissions, or events that occurred on or before the Surrender Date related to the Torrance Lease, Torrance Property, the Loan Agreement, the Mortgage Note, and/or the Mortgage. For avoidance of doubt, this release extends to any and all allowable claims with respect to third party claims and the condition of the Torrance Property. Notwithstanding the foregoing, Borrower shall retain non-recourse claims against Borders as necessary to prosecute insured claims under applicable insurance contracts; Borrower will not retain any allowable claim against the Debtors' bankruptcy estates.
