Common use of Release and Indemnity Clause in Contracts

Release and Indemnity. (a) The Company does hereby release and forever discharge the Agent, Floor Plan Agent and each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now or in the future own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (a) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating thereto and/or (b) relating directly or indirectly to all transactions by and between the Company, the Floor Plan Borrowers, or their representatives and the Agent, the Floor Plan Agent and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Company or any Floor Plan Borrower.

Release and Indemnity. (a) The Company does Borrower hereby release releases and forever discharge discharges the Agent, Floor Plan Agent and each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now or in the future own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (ai) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating thereto and/or (bii) relating directly or indirectly to all transactions by and between the Company, the Floor Plan Borrowers, Borrower or their its representatives and the Agent, the Floor Plan Agent and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Company Borrower including any such caused by the actions or any Floor Plan Borrowernegligence of the indemnified party (other than its gross negligence or willful misconduct).

Release and Indemnity. (a) The Company does Each of the Borrowers and Guarantors hereby release releases and forever discharge discharges the Agent, Floor Plan Administrative Agent and each of the Lenders and each affiliate Affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now or in the future own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment Agreement is signed by any of such parties (ai) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating thereto and/or (bii) relating directly or indirectly to all transactions by and between the CompanyBorrowers, the Floor Plan BorrowersGuarantors, or their representatives and the Administrative Agent, the Floor Plan Agent and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Company any Borrower or any Floor Plan BorrowerGuarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct).

Release and Indemnity. (a) The Company does Each of the Debtors hereby release releases and forever discharge discharges the Agent, Floor Plan Administrative Agent and each of the Lenders and Secured Parties and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on in law or equity, which any of said parties has held or may now or in the future own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (ai) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating thereto and/or (bii) relating directly or indirectly to all transactions by and between the Company, the Floor Plan Borrowers, Debtors or their representatives and the Administrative Agent, the Floor Plan Agent Lenders and each Lender the Secured Parties or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, claims which may, or could be, asserted by any of the Company or any Floor Plan BorrowerDebtors.

Release and Indemnity. (a) The Company does hereby release and forever discharge the Agent, Floor Plan Agent and each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now or in the future own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (a) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating thereto and/or (b) relating directly or indirectly to all transactions by and between the Company, the Floor Plan Borrowers, or their representatives and the Agent, the Floor Plan Agent and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Company or any Floor Plan BorrowerBorrower including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct).

Release and Indemnity. (a) The Company does Each Loan Party hereby release waives, releases and forever discharge discharges the Agent, Floor Plan Administrative Agent and each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now or in the future own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (ai) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating thereto and/or (bii) relating directly or indirectly to all transactions by and between the Company, the Floor Plan Borrowers, Borrower and/or Guarantor or their representatives and the Administrative Agent, the Floor Plan Agent and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Company Borrower and/or Guarantor including any such caused by the actions or any Floor Plan Borrowernegligence of the indemnified party.

Release and Indemnity. (a) The Company does Each of the Borrowers and Guarantors hereby release releases and forever discharge discharges the Agent, Floor Plan Agent and each of the Lenders and each affiliate Affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now or in the future own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment Agreement is signed by any of such parties (ai) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating thereto and/or (bii) relating directly or indirectly to all transactions by and between the CompanyBorrowers, the Floor Plan BorrowersGuarantors, or their representatives and the Agent, the Floor Plan Agent and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Company any Borrower or any Floor Plan BorrowerGuarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct).

Release and Indemnity. (a) The Company does Each Borrower hereby release releases and forever discharge discharges the Agent, Floor Plan Administrative Agent and each of the Lenders and each affiliate Affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now or in the future own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (ai) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating thereto and/or (bii) relating directly or indirectly to all transactions by and between the Company, the Floor Plan Borrowers, any Borrowers or their its representatives and the Administrative Agent, the Floor Plan Agent and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Company or any Floor Plan Borrower.

Release and Indemnity. (a) The Company Borrower and each Guarantor does hereby release and forever discharge the Agent, Floor Plan Agent and each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now or in the future own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment Agreement is signed by any of such parties (ai) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating thereto and/or (bii) relating directly or indirectly to all transactions by and between the CompanyBorrower, the Floor Plan BorrowersGuarantors, or their representatives and the Agent, the Floor Plan Agent and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Company Borrower or any Floor Plan BorrowerGuarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct).

Release and Indemnity. (a) The Company does Each of the Obligors hereby release releases and forever discharge discharges the Agent, Floor Plan Administrative Agent and each of the Lenders and Secured Parties and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all known claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on in law or equity, which any of said parties has held or may now or in the future own or hold, whether known or unknown, hold for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (ai) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating thereto and/or (bii) relating directly or indirectly to all transactions by and between the Company, the Floor Plan Borrowers, Obligors or their representatives and the Administrative Agent, the Floor Plan Agent Lenders and each Lender the Secured Parties or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, claims which may, or could be, asserted by any of the Company or any Floor Plan BorrowerObligors.