Common use of Release and Waiver of Claims Clause in Contracts

Release and Waiver of Claims. In consideration of (i) the modification of certain provisions of the Note, as herein provided, and (ii) the other benefits received by Borrower hereunder, Borrower hereby RELEASES, RELINQUISHES and forever DISCHARGES Lender, as well as its predecessors, successors, assigns, agents, officers, directors, employees and representatives, of and from any and all claims, demands, actions and causes of action of any and every kind or character, past or present, which Borrower may have against Lender and its predecessors, successors, assigns, agents, officers, directors, employees and representatives arising out of or with respect to (a) any right or power to bring any claim against Lender for usury or to pursue any cause of action against Lender based on any claim of usury, and (b) any and all transactions relating to the Loan Documents occurring prior to the date hereof, including any loss, cost or damage, of any kind or character, arising out of or in any way connected with or in any way resulting from the acts, actions or omissions of Lender, and its predecessors, successors, assigns, agents, officers, directors, employees and representatives, including any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental distress, tortious interference with contractual relations, tortious interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practices, libel, slander or conspiracy, but in each case only to the extent permitted by applicable law.

Release and Waiver of Claims. In consideration of (i) the modification of certain provisions of the NoteLoan and Loan Documents, as herein provided, and (ii) the other benefits received by Borrower hereunder, Borrower hereby RELEASES, RELINQUISHES and forever DISCHARGES Lender, as well as its predecessors, successors, assigns, agents, officers, directors, employees and representatives, of and from any and all claims, demands, actions and causes of action of any and every kind or character, past or present, which Borrower may have against Lender and its predecessors, successors, assigns, agents, officers, directors, employees employees, and representatives arising out of or with respect to (a) any right or power to bring any claim against Lender for usury or to pursue any cause of action against Lender based on any claim of usury, and (b) any and all transactions relating to the Loan Documents or Loan Documents, occurring prior to the date hereof, including any loss, cost or damage, of any kind or character, arising out of or in any way connected with or in any way resulting from the acts, actions or omissions of Lender, and its predecessors, successors, assigns, agents, officers, directors, employees employees, and representatives, including any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental mention distress, tortious tortuous interference with contractual relations, tortious tortuous interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practices, libel, slander slander, or conspiracy, but in each case only to the extent permitted by applicable law.

Release and Waiver of Claims. In consideration of (i) the modification of certain provisions of the NoteCredit Documents, as herein provided, and (ii) the other benefits received by the Borrower and the Loan Parties each hereunder, the Borrower and the Loan Parties each hereby RELEASES, RELINQUISHES and forever DISCHARGES Lender, the Lender as well as its predecessors, successors, assigns, agents, officers, directors, employees and representatives, of and from any and all claims, demands, actions and causes of action of any and every kind or character, past or present, which the Borrower and the Loan Parties each may have against the Lender and its predecessors, successors, assigns, agents, officers, directors, employees and representatives arising out of or with respect to (a) any right or power to bring any claim against the Lender for usury or to pursue any cause of action against the Lender based on any claim of usury, and (b) any and all transactions relating to the Loan Documents occurring prior to the date hereof, including any loss, cost or damage, of any kind or character, arising out of or in any way connected with or in any way resulting from the acts, actions or omissions of Lender, the Lender and its predecessors, successors, assigns, agents, officers, directors, employees and representatives, including any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental distress, tortious interference with contractual relations, tortious interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practices, libel, slander or conspiracy, but in each case only to the extent permitted by applicable law.

Release and Waiver of Claims. In consideration of (i) 0 the modification of certain provisions of the NoteLoan and Loan Documents, as herein provided, and (ii) the other benefits received by Borrower hereunder, Borrower hereby RELEASES, RELINQUISHES and forever DISCHARGES Lender, as well as its predecessors, successors, assigns, agents, officers, directors, employees and representatives, of and from any and all claimschutes, demands, actions and causes Owes of action of any and every kind or character, past or present, which Borrower may have against Lender and its predecessors, successors, assigns, agents, officers, directors, employees employees, and representatives arising out of or with respect to (a) any right or power to bring any claim against Lender for usury or to pursue any cause of action against Lender based on any claim of usury, usury and (b) any and all transactions relating to the Loan Documents or Loan Documents, occurring prior to the date hereof, ; including any loss, cost or damagedamage of any, of any kind or character, arising out of or in any way connected with or in any way resulting from the acts, actions or omissions of Lender, and and, its predecessors, successors, assignsAssigns, agents, officers, directors, employees employees, and representatives, including inch; ding any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic economic. coercion, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental mention distress, tortious tortuous interference with contractual relations, tortious tortuous interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practices, libel, slander slander, or conspiracy, but in each case only to the extent permitted by applicable law.

Release and Waiver of Claims. In consideration of (i) the modification of certain provisions of the NoteLoan and Loan Documents, as herein provided, and (ii) the other benefits received by Borrower hereunder, Borrower hereby RELEASES, RELINQUISHES and forever DISCHARGES Lender, as well as its predecessors, successors, assigns, agents, officers, directors, employees and representatives, of and from any and all claims, demands, actions and causes of action of any and every kind or character, past or present, which Borrower may have against Lender and its predecessors, successors, assigns, agents, officers, directors, employees employees, and representatives arising arismg out of or with respect to (a) any right or power to bring any claim against Lender for usury or to pursue any cause of action against Lender based on any claim of usury, and (b) any and all transactions relating to the Loan Documents or Loan Documents, occurring prior to the date hereof, ; including any loss, cost or damage, of any kind or character, arising out of or in any way connected with or in any way resulting from the acts, actions or omissions of Lender, and its predecessors, successors, assigns, agents, officers, directors, employees employees, and representatives, including any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental mention distress, tortious tortuous interference with contractual relations, tortious tortuous interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practices, libel, slander slander, or conspiracy, but in each case only to the extent permitted by applicable law.

Release and Waiver of Claims. In consideration (a) Effective on the Closing Date, each Seller, on behalf of himself and his beneficiaries and Affiliates: (i) completely and irrevocably releases and forever discharges the modification of certain provisions of Purchaser and its Affiliates, the Note, as herein providedCompany and its Affiliates, and (ii) the other benefits received by Borrower hereundertheir respective directors, Borrower hereby RELEASESofficers, RELINQUISHES and forever DISCHARGES Lendermanagers, as well as its predecessorsmembers, successorsstockholders, assignsprincipals, employees, agents, officers, directors, employees and representatives, of predecessors, successors and assigns from any and all claims, damages, losses, demands, actions and actions, causes of action action, promises and/or liabilities of any nature (whether absolute or contingent, asserted or unasserted, known or unknown, primary or secondary, direct or indirect, and every kind whether or character, past not accrued) arising contemporaneously with or present, which Borrower may have against Lender and its predecessors, successors, assigns, agents, officers, directors, employees and representatives before the Closing Date or on account of or arising out of any matter, cause or event occurring contemporaneously with respect or before the Closing Date, including any rights to indemnification or reimbursement from the Company, whether pursuant to the Certificate of Organization or the Operating Agreement (aor comparable documents), Contract or otherwise and whether or not relating to claims pending on, or asserted after, the Closing Date, except for (A) any right or power claim pursuant to bring any claim against Lender for usury or to pursue any cause of action against Lender based on any claim of usurythis Agreement, the Purchaser Notes, the Debt Repayment, Asset Transfer, and Funds Flow Agreement and the other Transaction Documents, and (bB) any employment-related claims for wages and benefits earned or accrued in the last month (including any claim for reimbursement of business expenses incurred) by such Seller in his capacity as an employee of the Company, and (ii) waives any and all transactions relating claims the undersigned may have to any additional equity ownership in the Loan Documents occurring prior Company. Each Seller hereby authorizes the appropriate officers of the Company to execute and deliver such documents and take such other actions as may be required or advisable to carry out the date hereof, including any loss, cost or damage, effect of any kind or character, arising out of or in any way connected with or in any way resulting from the acts, actions or omissions of Lender, such release and its predecessors, successors, assigns, agents, officers, directors, employees and representatives, including any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental distress, tortious interference with contractual relations, tortious interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practices, libel, slander or conspiracy, but in each case only to the extent permitted by applicable lawwaiver described above.

Release and Waiver of Claims. In consideration of (i) 9 the modification of certain provisions of the NoteLoan and Loan Documents, as herein provided, and (iin) the other benefits received by Borrower hereunder, Borrower hereby RELEASES, RELINQUISHES and forever DISCHARGES Lender, as well as its predecessors, successors, assigns, agents, officers, directors, employees and representatives, of and from any and all claims, demands, actions and causes of action of any and every kind or character, past or present, which Borrower may have against Lender arising Lender-and its predecessors, successors, assigns, agents, officers, directors, employees employees, and representatives arising out of or with respect to (a) any right or power to bring any claim against Lender for usury or to pursue any cause of action against Lender based on any claim of usury, and (b) any and all transactions relating to the Loan. or Loan Documents Documents, occurring prior to the date hereof, ; including any loss, cost or damage, of any kind or character, arising arising. out of or in any way connected with or in any way resulting from the acts, actions or omissions of Lender, and its predecessors, successors, assigns, agents, officers, directors, employees employees, and representatives, including any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic coercioncoercion-, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental mention distress, tortious tortuous interference with contractual relations, tortious relations tortuous interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practices, libel, slander slander, or conspiracy, but in each case only to the extent permitted by applicable law.

Release and Waiver of Claims. In consideration of (i) the modification of certain provisions of the Note, as herein provided, and (ii) the other benefits received by Borrower hereunder, Borrower and Guarantor hereby RELEASESRELEASE, RELINQUISHES RELINQUISH and forever DISCHARGES DISCHARGE Lender, as well as its predecessors, successors, assigns, agents, officers, directors, employees and representatives, of and from any and all claims, demands, actions and causes of action of any and every kind or character, past or present, which Borrower or Guarantor may have against Lender and its predecessors, successors, assigns, agents, officers, directors, employees and representatives arising out of or with respect to (a) any right or power to bring any claim against Lender for usury or to pursue any cause of action against Lender based on any claim of usury, and (b) any and all transactions relating to the Loan Documents occurring prior to the date hereof, including any loss, cost or damage, of any kind or character, arising out of or in any way connected with or in any way resulting from the acts, actions or omissions of Lender, and its predecessors, successors, assigns, agents, officers, directors, employees and representatives, including any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental distress, tortious interference with contractual relations, tortious interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practices, libel, slander or conspiracy, but in each case only to the extent permitted by applicable law.

Release and Waiver of Claims. In consideration of (i) the modification of certain provisions of the Note, as herein provided, and (ii) the other benefits received by Borrower hereunder, Borrower hereby RELEASES, RELINQUISHES and forever DISCHARGES Lender, as well as its predecessors, successors, assigns, agents, officers, directors, employees and representatives, of and from any and all claims, demands, actions and causes of action of any and every kind or character, past or present, which Borrower may have against Lender and its predecessors, successors, assigns, agents, officers, directors, employees and representatives arising out of or with respect to (a) any right or power to bring any claim against Lender for usury or to pursue any cause of action against Lender based on any claim of usury, and (b) any and all transactions relating to the Loan Documents occurring prior to the date hereof, including any loss, cost or damage, of any kind or character, arising out of or in any way connected with or in any way resulting from the acts, actions or omissions of Lender, and its predecessors, successors, assigns, agents, officers, officers directors, employees and representatives, including any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental distress, tortious interference with contractual relations, tortious interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practices, libel, slander or conspiracy, but in each case only to the extent permitted by applicable law.

Release and Waiver of Claims. In consideration of (i) the modification of certain provisions of the NoteLoan Documents, as herein provided, and (ii) the other benefits received by Borrower hereunder, Borrower and Guarantor, each for themselves, hereby RELEASESRELEASE, RELINQUISHES RELINQUISH and forever DISCHARGES DISCHARGE Lender, as well as its predecessors, successors, assigns, agents, officers, directors, employees and representatives, of and from any and all claims, demands, actions and causes of action of any and every kind or character, past or present, which Borrower either may have against Lender and its predecessors, successors, assigns, agents, officers, directors, employees and representatives arising out of or with respect to (a) any right or power to bring any claim against Lender for usury or to pursue any cause of action against Lender based on any claim of usury, and (b) any and all transactions relating to the Loan Documents occurring prior to the date hereof, including any loss, cost or damage, of any kind or character, arising out of or in any way connected with or in any way resulting from the acts, actions or omissions of Lender, and its predecessors, successors, assigns, agents, officers, directors, employees and representatives, including any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental distress, tortious interference with contractual relations, tortious interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practices, libel, slander or conspiracy, but in each case only to the extent permitted by applicable law.

Release and Waiver of Claims. (a) In consideration of (i) the modification consent to and amendment of certain provisions of the Note, Credit Agreement as provided herein provided, and (ii) the other benefits received by each of the Borrower and the Guarantors hereunder, each of the Borrower and the Guarantors hereby RELEASES, WAIVES, RELINQUISHES and forever DISCHARGES Lendereach of the Lenders and the Agent, as well as its their predecessors, successors, assigns, agents, officers, directors, employees and employees, attorneys, representatives, affiliates and subsidiaries of and from any and all claims, offsets, defenses, counterclaims, demands, actions and causes of action of any and every kind or character, past or present, which Borrower any Credit Party may have against Lender and its any of the Lenders, the Agent or any of their predecessors, successors, assigns, agents, officers, directors, employees employees, attorneys, representatives, affiliates and representatives subsidiaries arising out of or with respect to (a) any right or power to bring any claim against Lender for usury or to pursue any cause of action against Lender based on any claim of usury, and (b) any and all transactions relating to the Loan Credit Documents occurring prior to the date hereof, including any loss, cost or damage, of any kind or character, arising out of or in any way connected with or in any way resulting from the acts, actions or omissions of Lenderany of the Lenders, and its the Agent or any of their predecessors, successors, assigns, agents, officers, directors, employees employees, attorneys, representatives, affiliates and representativessubsidiaries, including any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental distress, tortious interference with contractual relations, tortious interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practices, libel, slander or conspiracy, but in each case only to the extent permitted by applicable law, such waiver and release being with full knowledge and understanding of the circumstances and effect thereof and after having consulted legal counsel with respect thereto.

Release and Waiver of Claims. In consideration The parties hereto agree that the Former Borrower, as the Borrower under the Credit Agreement and the Existing Loan Documents, after the effective date of this Joinder is relieved of all of its duties and obligations solely in such capacity as the Borrower under the Credit Agreement and the Existing Loan Documents and any claims or liabilities thereunder arising after the effective date of this Joinder. The Former Borrower hereby irrevocably and unconditionally releases, waives and forever discharges (i) the modification any and all liabilities, obligations, commitments, duties, promises or indebtedness of certain provisions any kind of the NoteAgent, as herein providedthe Lenders and the other Credit Parties to the Former Borrower, and (ii) the other benefits received by Borrower hereunder, Borrower hereby RELEASES, RELINQUISHES and forever DISCHARGES Lender, as well as its predecessors, successors, assigns, agents, officers, directors, employees and representatives, of and from any and all claims, demandssuits, actions and causes of action of any and every kind or character, past or present, which Borrower may have against Lender and its predecessors, successors, assigns, agents, officers, directors, employees and representatives arising out of or with respect to (a) any right or power to bring any claim against Lender for usury or to pursue any cause of action against Lender based on any claim of usury, and (b) any and all transactions relating to the Loan Documents occurring prior to the date hereof, including any loss, cost or damageaction, of any kind whatsoever (if any) against the Agent, the Lenders, the other Credit Parties or character, arising out any of or in any way connected with or in any way resulting from the acts, actions or omissions of Lender, and its predecessors, successors, assigns, agentstheir respective directors, officers, directorsemployees or agents with respect to the obligations to be performed on or prior to the effective date of this Joinder by the Agent, employees the Lenders and representativesthe other Credit Parties under the Loan Documents, including any breach of fiduciary dutyin either case (i) or (ii), breach on account of any duty of fair dealingcondition, breach of confidenceact, breach of funding commitmentomission, undue influenceevent, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental distress, tortious interference with contractual relations, tortious interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practicesliability, libelobligation, slander indebtedness, claim, cause of action, defense, circumstance or conspiracymatter of any kind whatsoever which existed, but in each case only arose or occurred at any time prior to the extent permitted by applicable laweffective date of this Joinder or which arises as a result of this Joinder.

Release and Waiver of Claims. In consideration of (i) the modification of certain provisions amendment and restatement of the NoteOriginal Agreement, as herein provided, and (ii) the other benefits received by Borrower hereunder, Borrower and Guarantor, each for themselves, hereby RELEASESRELEASE, RELINQUISHES RELINQUISH and forever DISCHARGES DISCHARGE Lender, as well as its predecessors, successors, assigns, agents, officers, directors, employees and representatives, of and from any and all claims, demands, actions and causes of action of any and every kind or character, past or present, which Borrower either may have against Lender and its predecessors, successors, assigns, agents, officers, directors, employees and representatives arising out of or with respect to (a) any right or power to bring any claim against Lender for usury or to pursue any cause of action against Lender based on any claim of usury, and (b) any and all transactions relating to the Loan Documents occurring prior to the date hereof, including any loss, cost or damage, of any kind or character, arising out of or in any way connected with or in any way resulting from the acts, actions or omissions of Lender, and its predecessors, successors, assigns, agents, officers, directors, employees and representatives, including any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental distress, tortious interference with contractual relations, tortious interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practices, libel, slander or conspiracy, but in each case only to the extent permitted by applicable law.