Common use of NO DEFENSES OF BORROWER/GENERAL RELEASE Clause in Contracts

NO DEFENSES OF BORROWER/GENERAL RELEASE. Borrower agrees that, as of this date, it has no defenses against the obligations to pay any amounts under the Indebtedness. Each of Borrower and Guarantor (each, a “Releasing Party”) acknowledges that Lender would not enter into this Business Financing Modification Agreement without Releasing Party’s assurance that it has no claims against Lender or any of Lender’s officers, directors, employees or agents. Except for the obligations arising hereafter under this Business Financing Modification Agreement, each Releasing Party releases Lender, and each of Lender’s and entity’s officers, directors and employees from any known or unknown claims that Releasing Party now has against Lender of any nature, including any claims that Releasing Party, its successors, counsel, and advisors may in the future discover they would have now had if they had known facts not now known to them, whether founded in contract, in tort or pursuant to any other theory of liability, including but not limited to any claims arising out of or related to the Agreement or the transactions contemplated thereby. Releasing Party waives the provisions of California Civil Code section 1542, which states:

NO DEFENSES OF BORROWER/GENERAL RELEASE. Each Borrower agrees that, as of this date, it has no defenses against the obligations to pay any amounts under the IndebtednessLoan Documents. Each of Borrower and Guarantor its affiliates (each, a “Releasing Party”) acknowledges that Lender Bank would not enter into this Business Financing Loan and Security Modification Agreement without Releasing Party’s assurance that it has no claims against Lender Bank or any of LenderBank’s officers, directors, employees or agents. Except for the obligations arising hereafter under this Business Financing Loan and Security Modification Agreement, each Releasing Party releases Lender, Bank and each of Lender’s and entityBank’s officers, directors and employees from any known or unknown claims that Releasing Party now has against Lender Bank of any nature, including any claims that Releasing Party, its successors, counsel, and advisors may in the future discover they would have now had if they had known facts not now known to them, whether founded in contract, in tort or pursuant to any other theory of liability, including but not limited to any claims arising out of or related to the Loan and Security Agreement or the transactions contemplated thereby. Each Releasing Party waives the provisions of California Civil Code section 1542, which states:

NO DEFENSES OF BORROWER/GENERAL RELEASE. Borrower agrees that, as of this date, it has no defenses against the obligations to pay any amounts under the Indebtedness. Each of Borrower and Guarantor its affiliates (each, a “Releasing Party”) acknowledges that Lender Bank would not enter into this Business Financing Loan and Security Modification Agreement without Releasing Party’s assurance that it has no claims against Lender Bank or any of LenderBank’s officers, directors, employees or agents. Except for the obligations arising hereafter under this Business Financing Loan and Security Modification Agreement, each Releasing Party releases LenderBank, and each of LenderBank’s and entity’s officers, directors and employees from any known or unknown claims that Releasing Party now has against Lender Bank of any nature, including any claims that Releasing Party, its successors, counsel, and advisors may in the future discover they would have now had if they had known facts not now known to them, whether founded in contract, in tort or pursuant to any other theory of liability, including but not limited to any claims arising out of or related to the Agreement or the transactions contemplated thereby. Releasing Party waives the provisions of California Civil Code section 1542, which states:

NO DEFENSES OF BORROWER/GENERAL RELEASE. Borrower agrees that, as of this date, it has no defenses against the obligations to pay any amounts under the IndebtednessLoan Documents. Each of Borrower and Guarantor its affiliates (each, a “Releasing Party”) acknowledges that Lender Bank would not enter into this Business Financing Loan and Security Modification Agreement without Releasing Party’s assurance that it has no claims against Lender Bank or any of LenderBank’s officers, directors, employees or agents. Except for the obligations arising hereafter under this Business Financing Loan and Security Modification Agreement, each Releasing Party releases LenderBank, and each of LenderBank’s and entity’s officers, directors and employees from any known or unknown claims that Releasing Party now has against Lender Bank of any nature, including any claims that Releasing Party, its successors, counsel, and advisors may in the future discover they would have now had if they had known facts not now known to them, whether founded in contract, in tort or pursuant to any other theory of liability, including but not limited to any claims arising out of or related to the Loan and Security Agreement or the transactions contemplated thereby. Releasing Party waives the provisions of California Civil Code section 1542, which states:

NO DEFENSES OF BORROWER/GENERAL RELEASE. Borrower agrees that, as of this date, it has no defenses against the obligations to pay any amounts under the Indebtedness. Each of Borrower and Guarantor (each, a “Releasing Party”) acknowledges that Lender Bank would not enter into this Business Financing Loan and Security Modification Agreement without Releasing Party’s assurance that it has no claims against Lender Bank or any of LenderBank’s officers, directors, employees or agents. Except for the obligations arising hereafter under this Business Financing Loan and Security Modification Agreement, each Releasing Party releases LenderBank, and each of LenderBank’s and entity’s officers, directors and employees from any known or unknown claims that Releasing Party now has against Lender Bank of any nature, including any claims that Releasing Party, its successors, counsel, and advisors may in the future discover they would have now had if they had known facts not now known to them, whether founded in contract, in tort or pursuant to any other theory of liability, including but not limited to any claims arising out of or related to the Agreement or the transactions contemplated thereby. Releasing Party waives the provisions of California Civil Code section 1542, which states:

NO DEFENSES OF BORROWER/GENERAL RELEASE. Each Borrower agrees that, as of this date, it has no defenses against the obligations to pay any amounts under the IndebtednessLoan Documents. Each of Borrower and Guarantor its affiliates (each, a “Releasing Party”) acknowledges that Lender Bank would not enter into this Business Financing Loan and Security Modification Agreement without Releasing Party’s assurance that it has no claims against Lender Bank or any of LenderBank’s officers, directors, employees or agents. Except for the obligations arising hereafter under this Business Financing Loan and Security Modification Agreement, each Releasing Party releases Lender, Bank and each of Lender’s and entityBank’s officers, directors and employees from any known or unknown claims that Releasing Party now has against Lender Bank of any nature, including any claims that Releasing Party, its successors, counsel, and advisors may in the future discover they would have now had if they had known facts not now known to them, whether founded in contract, in tort or pursuant to any other theory of liability, including but not limited to any claims arising out of or related to the Loan and Security Agreement or the transactions contemplated thereby. Releasing Party waives the provisions of California Civil Code section 1542, which states:

NO DEFENSES OF BORROWER/GENERAL RELEASE. Borrower agrees that, as of this date, it has no defenses against the obligations to pay any amounts under the Indebtedness. Each of Borrower and Guarantor (each, a “Releasing Party”) acknowledges that Lender would not enter into this Business Financing Modification Agreement without Agreementwithout Releasing Party’s assurance that it has no claims against Lender or any of Lender’s officers, directors, employees or agents. Except for the obligations arising hereafter under this Agreement and the Business Financing Modification Agreement, each Releasing Party releases Lender, and each of Lender’s and entity’s officers, directors and employees from any known or unknown claims that Releasing Party now has against Lender of any nature, including any claims that Releasing Party, its successors, counsel, and advisors may in the future discover they would have now had if they had known facts not now known to them, whether founded in contract, in tort or pursuant to any other theory of liability, including but not limited to any claims arising out of or related to the Agreement or the transactions contemplated thereby. Releasing Party waives the provisions of California Civil Code section 1542, which states:

NO DEFENSES OF BORROWER/GENERAL RELEASE. Borrower agrees that, as of this date, it has no defenses against the obligations to pay any amounts under the Indebtedness. Each of Borrower and Guarantor (each, a “Releasing Party”) acknowledges that Lender would not enter into this Business Financing Modification Agreement Amendment without Releasing Party’s assurance that it has no claims against Lender or any of Lender’s officers, directors, employees or agents. Except for the obligations arising hereafter under this Business Financing Modification AgreementAmendment, each Releasing Party releases Lender, and each of Lender’s and entity’s officers, directors and employees from any known or unknown claims that Releasing Party now has against Lender of any nature, including any claims that Releasing Party, its successors, counsel, and advisors may in the future discover they would have now had if they had known facts not now known to them, whether founded in contract, in tort or pursuant to any other theory of liability, including but not limited to any claims arising out of or related to the Agreement or the transactions contemplated thereby. Releasing Party waives the provisions of California Civil Code section 1542, which states:

NO DEFENSES OF BORROWER/GENERAL RELEASE. Borrower agrees that, as of this date, it has no defenses against the obligations to pay any amounts under the Indebtedness. Each of Borrower and Guarantor its affiliates (each, a “Releasing Party”) acknowledges that Lender Bank would not enter into this Business Financing Second Loan and Security Modification Agreement without Releasing Party’s assurance that it has no claims against Lender Bank or any of LenderBank’s officers, directors, employees or agents. Except for the obligations arising hereafter under this Business Financing Second Loan and Security Modification Agreement, each Releasing Party releases LenderBank, and each of LenderBank’s and entity’s officers, directors and employees from any known or unknown claims that Releasing Party now has against Lender Bank of any nature, including any claims that Releasing Party, its successors, counsel, and advisors may in the future discover they would have now had if they had known facts not now known to them, whether founded in contract, in tort or pursuant to any other theory of liability, including but not limited to any claims arising out of or related to the Agreement or the transactions contemplated thereby. Releasing Party waives the provisions of California Civil Code section 1542, which states: