Norfolk and Western. Railroad Company, 216 Mich App 535 (1996). The language of this release in the Surrender Agreement is broad. It bars “all claims … relating to any transactions between Ventures, its members, agents, etc. and the debtors, …” which includes plaintiff. Xxxxx is included as agent of Ventures. See Romska v Xxxxx, 234 Mich App 512 (1999). Plaintiff contends the release only applies to the club, the notes and the foreclosure, and does not affect his right to become a member of the LLC. However, the release is not as restricted as plaintiff claims. The release covers “all claims” in broad language, which includes plaintiff’s right to membership. See Skotak v Xxx Xxxxx International, Inc., 203 Mich App 616 (1994). The releasing parties (debtors) are Xxxxxxx and his companies. The released party is defendant and its agents, etc. The release clearly articulates it is for “all causes of action” from: “all claims and defenses of every kind or nature, whether existing by virtue of state, federal bankruptcy … law, by agreement or otherwise, against Ventures, whether previously or now existing or arising out of or relating to any transactions or dealings between debtor and Ventures, or any of them, through the date of this agreement with respect to the loan documents, the obligations or otherwise …” (Paragraph 17, Surrender Agreement, page 6). The plain language of the release bars “all claims” by plaintiff and defendants arising out of any transaction between plaintiff and Ventures, the entity plaintiff seeks membership interest in. The “claims … by agreement … now existing …” includes plaintiff’s alleged oral agreement, by the plain language of the release.
Norfolk and Western. Railway Company for railway rights-of-way as now located and in use;
Norfolk and Western. Railway Company and (iii) each other Subsidiary (x) whose assets (or, in the case of a Subsidiary which has subsidiaries, consolidated assets) as shown on the latest financial statements delivered by the Borrower pursuant to Section 5.1(a) or (b), as the case may be, are (A) at least 5% of the consolidated assets of the Borrower and its Consolidated Subsidiaries (including for such purpose Conrail and its Subsidiaries, all as shown on such financial statements) at such time and (B) at least $1,500,000,000 or (y) whose operating income (or, in the case of a Subsidiary which has subsidiaries, consolidated operating income) as shown on the latest financial statements delivered by the Borrower pursuant to Section 5.1(a)or (b), as the case may be, is (A) at least 5% of the consolidated operating income of the Borrower and its Consolidated Subsidiaries (including for such purpose Conrail and its Subsidiaries, all as shown on such financial statements) at such time and (B) at least $150,000,000.
Norfolk and Western. Railway Company x. Xxxxxxxx Partners Limited Partnership, Xxxxxxx Chicago, Inc., Principal Mutual Life Insurance Company, Container Recycling Alliance, L.P., Xxxxxx/Prime Industrial Partners, The Prime Group, Inc. Enterprise Center VII. L.P. , Enterprise Center VIII, L.P., Enterprise Center IX, L.P., Enterprise Center X, L.P., K-P Enterprise Centers, Inc., Galaxy Steel & Tube, Inc., LaSalle National Bank, Limited Partners of Xxxxxxxx Partners Limited Partnership), Xxxxxx X. Xxxxxxxx, as County Treasurer and unknown owners, Case No. 97L 50613, filed on June 4, 1997, in the Circuit Court of Xxxx County, Illinois, County Department, Law Division. The plaintiff filed a Complaint for Condemnation to condemn the property owned by Torrence Partners Limited Partnership (the "Torrence Property"). The Xxxxxxxx Property is located in the Chicago Enterprise Center, but is not owned by any of the CEC Partnerships (defined below). The CEC Partnerships were named in this action on account of their interests in the Xxxxxxxx Property by reason of various easement agreements.
