Common use of Covenant Not to Sxx Clause in Contracts

Covenant Not to Sxx. Each of the Releasing Parties hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not sxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by any Releasing Party pursuant to Section 8(i)(i) above. If any Releasing Party violates the foregoing covenant, each of the Loan Parties, for itself and their successors and assigns, and its present and former members, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, employees, agents, legal representatives and other representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all reasonable attorneys' fees and costs incurred by any Releasee as a result of such violation.

Appears in 3 contracts

Samples: Third Forbearance Agreement and Amendment (Global Axcess Corp), Second Forbearance Agreement and Amendment (Global Axcess Corp), Forbearance Agreement and Amendment (Global Axcess Corp)

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Covenant Not to Sxx. Each of the Releasing Parties hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not sxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by any Releasing Party pursuant to Section 8(i)(i) above. If any Releasing Party violates the foregoing covenant, each of the Loan PartiesBorrowers, for itself and their successors and assigns, and its present and former members, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, employees, agents, legal representatives and other representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all reasonable attorneys' fees and costs incurred by any Releasee as a result of such violation.

Appears in 1 contract

Samples: Master Equipment Lease Agreement (Global Axcess Corp)

Covenant Not to Sxx. Each of the Releasing Parties hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not sxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by any Releasing Party pursuant to Section 8(i)(i7(i)(i) above. If any Releasing Party violates the foregoing covenant, each of the Loan PartiesBorrowers, for itself and their successors and assigns, and its present and former members, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, employees, agents, legal representatives and other representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all reasonable attorneys' fees and costs incurred by any Releasee as a result of such violation.

Appears in 1 contract

Samples: Global Axcess Loan and Security (Global Axcess Corp)

Covenant Not to Sxx. Each of the Releasing Parties Party hereby absolutely, unconditionally and irrevocably, irrevocably covenants and agrees with and in favor of each Releasee that it will not sxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by any Releasing Party pursuant to Section 8(i)(i) 7.6 above. If any Releasing Party violates the foregoing covenant, each of the Loan PartiesCompany, for itself and their its successors and assigns, and its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all reasonable attorneys' fees and costs incurred by any Releasee as a result of such violation.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Cti Industries Corp)

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Covenant Not to Sxx. Each of the Releasing Parties Party hereby absolutely, unconditionally and irrevocably, irrevocably covenants and agrees with and in favor of each Releasee that it will not sxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by any Releasing Party pursuant to Section 8(i)(i) 7.6 above. If any Releasing Party violates the foregoing covenant, each of the Loan PartiesBorrower, for itself and their its successors and assigns, and its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all reasonable attorneys' fees and costs incurred by any Releasee as a result of such violation.

Appears in 1 contract

Samples: Credit Agreement (Cti Industries Corp)

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