Common use of Plaintiff’s Release Clause in Contracts

Plaintiff’s Release. Effective upon receipt of the Settlement Payment by KCC, (i) the Litigation Trust Plaintiff, including the Litigation Trustee, on behalf of themselves, the Tribune Debtors and the Tribune Debtors’ estates, (ii) the Note Holder Plaintiffs on behalf of themselves, and on behalf of the holders of Senior Notes or PHONES Notes for whom they act as Successor Indenture Trustee, (iii) the Retiree Plaintiffs on behalf of themselves, and (iv) each of their respective assigns, attorneys, insurers, beneficiaries, employees, officers, directors, shareholders, direct and indirect parents, subsidiaries, parties, affiliates, partners, legal and equitable owners, members, predecessors in interest, successors in interest, representatives, spouses, heirs, executors, and administrators solely in their capacity as such that the Litigation Trust Plaintiff, the Note Holder Plaintiffs, or the Retiree Plaintiffs have the ability to bind, hereby release and forever discharge Defendant, its respective predecessors, successors, heirs, executors, administrators, and assigns, all of their past and present, direct and indirect parents, subsidiaries, affiliates, shareholders, members, partners, legal and equitable owners, and all of their respective past and present attorneys, accountants, insurers, beneficiaries, employees, officers, directors, managers, trustees, and representatives, solely in their capacity as such (collectively the “Defendant Released Parties”) from any and all present, past, or future claims, demands, debts, losses, offsets, obligations, warranties, costs, expenses, rights of action, and causes of action of every kind and nature whatsoever, whether based on contract, tort, statutory, or other legal or equitable theory of recovery, whether known or unknown, suspected or unsuspected, existing, or claimed to exist, and whether arising in the past or future, seeking recovery of Defendant’s Shareholder Transfers, or seeking damages on account of or other relief specifically associated with Defendant’s Shareholder Transfers, including claims for a constructive trust, post-petition interest and/or prejudgment interest (collectively the “Plaintiffs’ Released Claims”). The foregoing release does not include, inter alia, the matters set forth in Paragraph 4.d or claims or rights arising out of or seeking to enforce this Agreement.

Plaintiff’s Release. Effective upon receipt For valuable consideration of the Settlement Payment by KCC, (i) the Litigation Trust Plaintiff, including the Litigation Trustee, on behalf of themselvesLien Release pursuant to Paragraph 1.C, the Tribune Debtors receipt and sufficiency of which are hereby expressly acknowledged, the Tribune Debtors’ estates, (ii) the Note Holder Plaintiffs on behalf of themselves, Plaintiff for himself and on behalf of the holders of Senior Notes or PHONES Notes for whom they act as Successor Indenture Trustee, (iii) the Retiree Plaintiffs on behalf of themselves, and (iv) each of their respective assigns, attorneys, insurers, beneficiaries, employees, officers, directors, shareholders, direct his present and indirect parents, subsidiaries, parties, affiliates, partners, legal and equitable owners, members, predecessors in interest, successors in interest, representatives, spouses, heirs, executors, and administrators solely in their capacity as such that the Litigation Trust Plaintiff, the Note Holder Plaintiffs, or the Retiree Plaintiffs have the ability to bind, hereby release and forever discharge Defendant, its respective predecessors, successors, former heirs, executors, administrators, partners, co-obligors, co-guarantors, guarantors, sureties, family members, spouses, attorneys, insurers, agents, representatives, predecessors, successors, assigns and all those who claim through them or could claim through them (collectively "Releasors") unconditionally and irrevocably remise, waive, satisfy, release, acquit, and forever discharge Defendants and Trustee and each of their present, former and future parents, predecessors, successors, assigns, all of their past and presentassignees, direct and indirect parentsaffiliates, subsidiaries, affiliatesdivisions, departments, subdivisions, owners, partners, principals, trustees, creditors, shareholders, membersjoint ventures, partnersco- venturers, legal officers and equitable ownersdirectors (whether acting in such capacity or individually), attorneys, vendors, accountants, nominees, agents (alleged, apparent or actual), representatives, employees, managers, administrators, and/or each person or entity acting or purporting to act for them or on their behalf, as well as any past, present or future person or any entity that held or holds any interest in the Loan), and the underlying Note, deed of trust and/or Mortgage, including but not limited to Bank of America Corporation and all of their respective its subsidiaries and affiliates [collectively the "Releasees"], and each of them respectively, from and against any and all past and present attorneys, accountants, insurers, beneficiaries, employees, officers, directors, managers, trustees, and representatives, solely in their capacity as such (collectively the “Defendant Released Parties”) from any and all present, past, or future claims, demandscounterclaims, debtsactions, defenses, affirmative defenses, suits, rights, causes of action, lawsuits, set-offs, costs, losses, offsetscontroversies, obligationsagreements, warranties, costs, expenses, rights of action, promises and causes of action of every kind and nature whatsoever, whether based on contract, tort, statutorydemands, or other legal liabilities, of whatever kind or equitable theory of recoverycharacter, direct or indirect, whether known or unknownunknown or capable of being known, suspected whether existing now or unsuspectedto come into existence in the future, existingarising at law or in equity, by right of action or otherwise, including, but not limited to, suits, debts, accounts, bills, damages, judgments, executions, warranties, attorneys' fees, costs of litigation, expenses, claims and demands whatsoever that the Releasors, or claimed their attorneys, agents, representatives, predecessors, successors and assigns, have or may have against the Releasees, for, upon, or by reason of any matter, cause or thing, whatsoever, in law or equity, including, without limitation, the claims made or which could have been made by the Plaintiff arising from the origination or servicing of the Loan (in any manner) as well as in any way related to existthe underlying Property, and whether arising Note, Mortgage, and/or deed(s) of trust, any servicing act or omission thereon as well as any claim or issue which was or could have been brought in the past or future, seeking recovery of Defendant’s Shareholder Transfers, or seeking damages on account of or other relief specifically associated with Defendant’s Shareholder Transfers, including claims for a constructive trust, post-petition interest and/or prejudgment interest Litigation (collectively the “Plaintiffs’ Released ClaimsMatters”). The foregoing release does not include, inter alia, the matters set forth in Paragraph 4.d or claims or rights arising out of or seeking to enforce this Agreement.

Plaintiff’s Release. Upon the Effective upon receipt Date, and to the fullest extent permitted by law, each of the Settlement Payment by KCCXxxxxxx, (i) the Litigation Trust PlaintiffGorton, including the Litigation TrusteeHerron, on behalf of themselvesXxxxxx/Xxxxxx, the Tribune Debtors and the Tribune Debtors’ estatesBourke, (ii) the Note Holder Plaintiffs on behalf of themselves, for themselves individually and on behalf of the holders of Senior Notes or PHONES Notes for whom they act as Successor Indenture Trusteetheir respective predecessors, (iii) the Retiree Plaintiffs on behalf of themselvessuccessors, assigns, xxxxxxxxx, xxxxx, xxxxxxx, co-trustees, and beneficiaries (iv) each of their respective assignscollectively hereinafter, attorneysthe “Plaintiff Releasing Parties”), insurersdo hereby release, beneficiariesremise, employeesexonerate, and forever discharge ACT, its past, current, and future predecessors, successors, parents, holding companies, subsidiaries, affiliates, divisions, officers, directors, shareholdersemployees, direct and indirect parentsattorneys, subsidiaries, parties, affiliates, partners, legal and equitable owners, members, predecessors in interest, successors in interestagents, representatives, spouses, heirs, executors, and administrators solely in their capacity as such that the Litigation Trust Plaintiffassigns (collectively hereinafter, the Note Holder Plaintiffs, or the Retiree Plaintiffs have the ability to bind, hereby release and forever discharge Defendant, its respective predecessors, successors, heirs, executors, administrators, and assigns, all of their past and present, direct and indirect parents, subsidiaries, affiliates, shareholders, members, partners, legal and equitable owners, and all of their respective past and present attorneys, accountants, insurers, beneficiaries, employees, officers, directors, managers, trustees, and representatives, solely in their capacity as such (collectively the “Defendant ACT Released Parties”) of and from any and all presentclaims, past, or future claimsdebts, demands, debts, losses, offsets, obligations, warranties, costs, expenses, rights and causes of action, liabilities, suits, dues, duties, sums of money, accounts, reckonings, covenants, contracts, agreements, promises, damages, interest, attorneys’ fees, judgments, executions, liabilities, and causes of action obligations of every kind and all kind, name, and nature whatsoever, whether based on in contract, tort, statutoryor equity, by statute, or other legal otherwise, under local, state, federal, or equitable theory of recoveryforeign law, whether known or unknown, suspected or unsuspected, existingaccrued or unaccrued, contingent or fixed, which the Plaintiff Releasing Parties ever had, now have, or claimed may claim to existlater have, for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world up to and including 11:59:59 p.m. on the Effective Date of this Agreement, including but not limited to all claims and allegations that were, have been, or could have been asserted by Xxxxxxx or Xxxxxx in the Consolidated Actions, including all claims and allegations related to the Xxxxxxxx Warrant, the Colby Warrant, the Andwell/Xxxxxxx Warrants, and whether arising in the past or futureSection 3(a)(10) Transactions, seeking recovery but excluding all claims and rights relating to enforcement of DefendantACT’s Shareholder Transfersobligations under this Agreement (collectively, or seeking damages on account of or other relief specifically associated with Defendant’s Shareholder Transfers, including claims for a constructive trust, post-petition interest and/or prejudgment interest (collectively the “Plaintiffs’ Released “ Plaintiff Claims”). Plaintiff Releasing Parties acknowledge that they may later discover facts different from or in addition to those now known or believed by them to be true with respect to the Plaintiff Claims. The foregoing release does not includePlaintiff Releasing Parties expressly agree to assume the risk of the possible discovery of additional or different facts, inter alia, and agree that this Agreement shall be and remain effective in all respects regardless of the matters set forth in Paragraph 4.d later discovery of additional or claims or rights arising out of or seeking to enforce this Agreementdifferent facts.