Release and Discharge Sample Clauses

Release and Discharge. 1.1 In consideration of the payments set forth in Section 2, Plaintiff hereby completely releases and forever discharges Defendant and Insurer from any and all past, present or future claims, demands, obligations, actions, causes of action, wrongful death claims, rights, damages, costs, losses of services, expenses and compensation of any nature whatsoever, whether based on a tort, contract or other theory of recovery, which the Plaintiff now has, or which may hereafter accrue or otherwise be acquired, on account of, or may in any way grow out of, or which are the subject of the Complaint (and all related pleadings) including, without limitation, any and all known or unknown claims to Plaintiff, or any of Plaintiff's representatives or heirs, which have resulted or may result from the alleged acts or omissions of the Defendant. 1.2 This release and discharge shall also apply to Defendant's and Insurer's past, present and future officers, directors, stockholders, attorney's, agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors and successors in interest, and assigns and all other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated. 1.3 This release, on the part of the Plaintiff, shall be a fully binding and complete settlement among the Plaintiff, the Defendant and the Insurer, and their heirs, assigns and successors. 1.4 The Plaintiff acknowledges and agrees that the release and discharge set forth above is a general release. Plaintiff expressly waives and assumes the risk of any and all claims for damages which exist as of this date, but of which the Plaintiff does not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect Plaintiff's decision to enter into this Settlement Agreement. The Plaintiff further agrees that Plaintiff has accepted payment of the sums specified herein as a complete compromise of matters involving disputed issues of law and fact. Plaintiff assumes the risk that the facts or law may be other than Plaintiff believes. It is understood and agreed to by the parties that this settlement is a compromise of a doubtful and disputed claim, and the payments are not to be construed as an admission of liability on the part of the Defendant, by whom liability is expressly denied.

Release and Discharge. (a) Effective as of and contingent upon the Closing, to the fullest extent permitted by applicable Law, each of the Warrantors, on behalf of itself and on behalf of its shareholders or members, as applicable, assigns and beneficiaries and, to the extent acting in a representative capacity, its creditors, directors, officers, managers, employees, investors, Affiliates, representatives (including any investment banking, legal or accounting firm retained by such Warrantor), successors and assigns of any of them (collectively, the “Releasing Persons”), hereby knowingly, voluntarily, unconditionally and irrevocably waives, fully and finally releases, acquits and forever discharges each Group Company and its shareholders or members, as applicable, assigns and beneficiaries, creditors, directors, officers, managers, employees, investors, Affiliates, representatives (including any investment banking, legal or accounting firm retained by any of them), successors and assigns of any of them, Affiliates and predecessors, successors and assigns of any of them (collectively, the “Released Persons”) from any and all actions, causes of action, suits, debts, accounts, bonds, bills, covenants, contracts, controversies, obligations, claims, counterclaims, debts, demands, damages, costs, expenses, compensation or liabilities of every kind and any nature whatsoever, in each case whether absolute or contingent, liquidated or unliquidated, known or unknown, direct or derivative on behalf of any Person, and whether arising under any agreement or understanding or otherwise at Law or equity (“Released Claims”), which such Releasing Persons, or any of them, had, has, or may have had arising from, connected or related to, or caused by any event, occurrence, cause or thing, of any type whatsoever, or otherwise, arising or existing, or occurring, in whole or in part, at any time in the past until and including the Closing against any of the Released Persons with respect to any Group Company, whether arising out of, relating to or in connection with the Seller’s investment in securities in any Group Company, the Existing Articles or otherwise (the “Release”). The Release shall be effective as a full, final and irrevocable accord and satisfaction and release of all the Released Claims. (b) Effective as of and contingent upon the Closing, each of the Warrantors hereby irrevocably and unconditionally covenants to refrain from, directly or indirectly, asserting any claim or demand, or comme...

Release and Discharge. Each Party hereby mutually and unconditionally releases and discharges the other Parties, as applicable from all obligations under the Joint Filing Agreement to which each is a party.

Release and Discharge. BY VIRTUE OF THEIR EXECUTION AND DELIVERY OF THIS AGREEMENT, AS OF THE CLOSING AND THEREAFTER, THE MEMBERS, FOR AND ON BEHALF OF THEIR HEIRS, ASSIGNS, BENEFICIARIES, EXECUTORS AND ADMINISTRATORS DO: (i) HEREBY FULLY AND IRREVOCABLY REMISE, RELEASE AND FOREVER DISCHARGE BARSTOW , AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, ACCOUNTANTS, SUCCESSORS AND ASSIGNS OF AND FROM ANY AND ALL MANNER OF CLAIMS, ACTIONS, CAUSES OF ACTION, GRIEVANCES, LIABILITIES, OBLIGATIONS, PROMISES, DAMAGES, AGREEMENTS, RIGHTS, DEBTS AND EXPENSES (INCLUDING CLAIMS FOR ATTORNEYS’ FEES AND COSTS), OF EVERY KIND, EITHER IN LAW OR IN EQUITY, WHETHER CONTINGENT, MATURE, KNOWN OR UNKNOWN, OR SUSPECTED OR UNSUSPECTED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ARISING UNDER ANY FEDERAL, STATE, LOCAL OR MUNICIPAL LAW, COMMON LAW OR STATUTE, WHETHER ARISING IN CONTRACT OR IN TORT, AND ANY CLAIMS ARISING UNDER ANY OTHER LAWS OR REGULATIONS OF ANY NATURE WHATSOEVER, THAT SUCH MEMBERS EVER HAD, NOW HAS OR MAY HAVE, FOR OR BY REASON OF ANY CAUSE, MATTER OR THING WHATSOEVER, FROM THE BEGINNING OF THE WORLD TO THE DATE HEREOF; AND (ii) UPON THE CLOSING DO HEREBY AGREE TO TERMINATE ANY AND ALL OPERATING AGREEMENTS OR OTHER SIMILAR AGREEMENTS AMONG THE MEMBERS. .

Release and Discharge. Each of the Reporting Persons hereby mutually and unconditionally releases and discharges the other Reporting Person, as applicable, from all of his obligations under the Joint Filing Agreement to which he is a party.

Release and Discharge. In consideration of Defendant's agreement to make the payments called for herein, the Plaintiff completely releases and forever discharge the Defendant, of and from any and all past, present or future claims, demands, obligations, actions, causes of action, rights, damages, costs, loss of services, expenses and compensation which the Plaintiff now has, or which may hereafter accrue or otherwise be acquired by plaintiff, on account of, or in any way growing out of the faxed advertisement.

Release and Discharge. Upon execution of this Amendment by the ATN Subsidiaries, Atlas DE will be released from any liability or obligation under this Base Contract and any transaction confirmed thereunder, that arises or accrues after the Effective Date of assignment.

Release and Discharge. 1. The obligation and the liability of the Guarantor shall not be released, discharged or in any way affected by any release, discharge, loss or alteration in or dealing with the Mortgaged Property under the Trust Deed or any Guarantee Security or any part thereof or anything done, suffered or permitted by the Trustee in relation to the said Mortgaged Property; or by time being given to the Company or any other guarantor by the Trustee or by the Bondholders or any of them; or by any change, alteration or modification of the Trust Deed; or by any compromise, arrangement or plan of re-organization affecting the Company or any other guarantor or the security under the Trust Deed; or by the release pursuant to any provision hereof or of the Trust Deed, or of any other guarantor or of any other person liable directly or indirectly as surety or otherwise; or by the release, discharge, loss or alteration in or any dealing with the security or any part thereof relating to the Bonds; or by any other act or proceeding in relation to the Trust Deed or this agreement or any Guarantee Security or any other guarantee or debenture collateral thereto or any security created thereby pursuant to which the Guarantor might otherwise be released or exonerated; without limiting the generality of the foregoing, the Guarantor declares that, without the necessity of any reservation of rights against the Guarantor and without notice to or further assent from the Guarantor, the provisions of the Trust Deed and any Bonds issued thereunder may in whole or in part be renewed, extended, rearranged, modified, accelerated, compromised or released by the Trustee or the Bondholders (or any of them) and the security constituted by the Trust Deed or any Guarantee Security or otherwise may be sold, exchanged or realized. 2. Notwithstanding anything herein contained, the obligations of the Company, the Guarantor or any other surety may be released, modified or otherwise dealt with pursuant to any provision of the Trust Deed. 3. It is understood and agreed that simultaneously with the execution and delivery hereof, the Guarantor is executing and delivering its Guarantee Security, in an amended and restated form, that such Guarantee Security shall be and it is hereby assigned to, deposited with and pledged to the Trustee to be held by it pursuant to the provisions hereof and of the Trust Deed as a general and continuing collateral security for payment and performance of the Guarantor's obligation...

Release and Discharge. Upon full payment of the Indebtedness and performance by the Borrower of all its other obligations hereunder, except as otherwise provided in this Agreement including without limitation in Section 2.12, the parties shall thereupon automatically each be fully, finally and forever released and discharged from any claim, liability or obligation in connection with this Agreement and the Loan Documents.