Common use of General Release; Covenant Not to Xxx Clause in Contracts

General Release; Covenant Not to Xxx. (a) In consideration of, among other things, Agent’s and the undersigned Lenders’ execution and delivery of this Agreement, each of Borrower and the other Loan Parties, on behalf of itself and its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, “Releasors”), hereby forever agrees and covenants not to xxx or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, releases and discharges, to the fullest extent permitted by law, each Releasee (as hereinafter defined) from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against any or all of the Lender Parties, in any capacity, and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts, whether or not now known, existing on or before the Agreement Effective Date, that relate to, arise out of or otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith or (ii) any aspect of the dealings or relationships between or among Borrower and the other Loan Parties, on the one hand, and any or all of the Lender Parties, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by Borrower or any other Loan Party of any Loans or other financial accommodations made by any Lender Party after the date hereof shall constitute a ratification, adoption, and confirmation by such party of the foregoing release of all Claims against the Releasees which are based in whole or in part on facts, whether or not now known or unknown, existing on or prior to the date of receipt of any such Loans or other financial accommodations. In entering into this Agreement, Borrower and each other Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section shall survive the termination of this Agreement, the Credit Agreement, the other Loan Documents and payment in full of the Obligations.

General Release; Covenant Not to Xxx. (a) 16.1 In consideration of, among other things, Agent’s the Agents’ and the undersigned Lenders’ execution and delivery of this AgreementAmendment, each of Borrower and the other Loan PartiesParty, on behalf of itself and its agents, representatives, respective officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, “Releasors”), hereby forever agrees and covenants not to xxx or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, releases and discharges, to the fullest extent permitted not prohibited by law, each Releasee (as hereinafter defined) from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may havehas, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arisingexisting, whether arising at law or in equity, against any or all of any Agent or any or all of the Lender Parties, Lenders in any capacity, capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, partners, members, agents, attorneys advisors and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts, whether or not now known, existing on or before the Agreement Effective Datedate hereof, that relate to, arise out of or otherwise are in connection with: (i) the Credit Agreement and any or all of the other Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith or therewith, (ii) any aspect of the dealings or relationships between or among any or all of the Borrower and the other Loan Parties, on the one hand, and any or all of the Lender PartiesReleasees, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by Borrower , or (iii) any other Loan Party aspect of the dealings or relationships between or among any Loans or other financial accommodations made by any Lender Party after all of Releasors, on the date hereof shall constitute a ratification, adoptionone hand, and confirmation by the Releasees, on the other hand, but only to the extent such party dealings or relationships relate to any or all of the foregoing release of all Claims against the Releasees which are based documents, transactions, actions or omissions referenced in whole or in part on facts, whether or not now known or unknown, existing on or prior to the date of receipt of any such Loans or other financial accommodationsclause (i) hereof. In entering into this AgreementAmendment, Borrower and each other Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section shall survive the termination of this AgreementAmendment, the Credit Agreement, the other Loan Documents and payment in full of the Obligations.

General Release; Covenant Not to Xxx. (a) 9.1. In consideration of, among other things, Agent’s and the undersigned Lenders’ execution and delivery of this AgreementAmendment, each of Borrower and the other Loan PartiesBorrower, on behalf of itself and its respective agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, “Releasors”), hereby forever agrees and covenants not to xxx or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, releases and discharges, to the fullest extent permitted by law, each Releasee (as hereinafter defined) from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may havehas, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arisingexisting, whether arising at law or in equity, against any or all of any Agent or any or all of the Lender Parties, Lenders in any capacity, capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts, whether or not now known, existing on or before the Agreement Effective Datedate hereof, that relate to, arise out of or otherwise are in connection with: (i) the Credit Agreement and any or all of the Loan Other Documents or transactions contemplated thereby or any actions or omissions in connection therewith or therewith, (ii) any aspect of the dealings or relationships between or among Borrower and the other Loan PartiesBorrowers, on the one hand, and any or all of the Lender PartiesReleasees, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by Borrower , or (iii) any other Loan Party aspect of the dealings or relationships between or among any Loans or other financial accommodations made by any Lender Party after all of Releasors, on the date hereof shall constitute a ratification, adoptionone hand, and confirmation by the Releasees, on the other hand, but only to the extent such party dealings or relationships relate to any or all of the foregoing release of all Claims against the Releasees which are based documents, transactions, actions or omissions referenced in whole or in part on facts, whether or not now known or unknown, existing on or prior to the date of receipt of any such Loans or other financial accommodationsclause (i) hereof. In entering into this AgreementAmendment, each Borrower and each other Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 9 shall survive the termination of this AgreementAmendment, the Credit Agreement, the other Loan Other Documents and payment in full of the Obligations.

General Release; Covenant Not to Xxx. (a) In Subject to the approval of the Bankruptcy Court pursuant to the order referred to in Section 14(b)(i) hereof, and in consideration of, among other things, Agent’s and the undersigned Lenders’ execution and delivery of this Agreement, each of Borrower and the other Loan PartiesHoldings, on behalf of itself and its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, “Releasors”), hereby forever agrees and covenants not to xxx or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, releases and discharges, to the fullest extent permitted by law, each Releasee (as hereinafter defined) from any and all claims (includingliens, without limitationclaims, crossclaims, counterclaims, rights of set-off interests and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses action of any kind or claims whatsoever nature (collectively, the “Claims”), ) that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or have against the Lenders in equity, against any or all of the Lender Parties, in any capacity, their capacity as Lenders and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts, whether or not now known, facts existing on or before the Agreement Forbearance Effective Date, Date that relate to, arise out of or otherwise are in connection with: (i) any Loan Document, (ii) any transaction, action or all of the Loan Documents or transactions omission contemplated thereby or any actions or omissions in connection therewith thereby, or (iiiii) any aspect of the dealings or relationships between or among Borrower and the other Loan Parties, on the one hand, and any or all of the Lender PartiesLenders, on the other hand, relating to any Loan Document or all of the documentstransaction, transactions, actions action or omissions referenced in clause (i) hereofomission contemplated thereby. The receipt by Borrower or any other Loan Party Holdings of any Loans or other financial accommodations made by any Lender Party the Lenders after the date hereof shall constitute a ratification, adoption, and confirmation by such party of the foregoing general release of all Claims against the Releasees which are based in whole or in part on facts, whether or not now known or unknown, facts existing on or prior to the date of receipt of any such Loans or other financial accommodations. In entering into this Agreement, Borrower and each other Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section shall survive the termination of this Agreement, the Credit Agreement, the other Loan Documents and payment in full of the Obligations.

General Release; Covenant Not to Xxx. (a) In consideration of, among other things, Agent’s and the undersigned Lenders’ Lender's execution and delivery of this Agreement, each of the Borrower and the other Loan Parties, on behalf of itself and its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, “"Releasors”), hereby forever agrees and covenants not to xxx or prosecute against any Releasee (as hereinafter defined") and hereby forever waives, releases and discharges, to the fullest extent permitted by law, each Releasee (as hereinafter defined) from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “"Claims”"), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against any or all of the Lender Parties, in any capacityLender, and their respective each of its affiliates, subsidiaries, shareholders and “"controlling persons” " (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys and other representatives of each of the foregoing (collectively, the “"Releasees”"), based in whole or in part on facts, whether or not now known, existing on or before the Agreement Forbearance Effective Date, that relate to, arise out of or otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith or therewith, (ii) any aspect of the dealings or relationships between or among Borrower and the other Loan PartiesBorrower, on the one hand, and any or all of the Lender PartiesLender, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by Borrower , or (iii) any other Loan Party aspect of the dealings or relationships between or among any Loans or other financial accommodations made by any Lender Party after all of the date hereof shall constitute a ratificationequity holders of the Borrower, adoptionon the one hand, and confirmation by Lender, on the other hand, but only to the extent such party dealings or relationships relate to any or all of the foregoing release of all Claims against the Releasees which are based in whole or in part on factsdocuments, whether or not now known or unknowntransactions, existing on or prior to the date of receipt of any such Loans or other financial accommodations. In entering into this Agreement, Borrower and each other Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts actions or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend referenced in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity clause (i) hereof. The provisions of this Section shall survive the termination of this Agreement, the Credit Agreement, the other Loan Documents and payment in full of the Obligations.