Release by Borrowers. Each Borrower hereby acknowledges and agrees that it has no actual knowledge of any defenses or claims against any L/C Lender, the Agent, the Issuing Bank, any of their Affiliates, or any of their respective officers, directors, employees, attorneys, representatives, predecessors, successors, or assigns with respect to the Obligations, and that if such Borrower now has, or ever did have, any defenses or claims with respect to the Obligations against any L/C Lender, the Agent, the Issuing Bank or any of their respective officers, directors, employees, attorneys, representatives, predecessors, successors, or assigns, whether known or unknown, at law or in equity, from the beginning of the world through this date and through the time of effectiveness of this Amendment, all of them are hereby expressly WAIVED, and each Borrower hereby RELEASES each L/C Lender, the Agent, the Issuing Bank and their respective officers, directors, employees, attorneys, representatives, predecessors, successors, and assigns from any liability therefor.
Release by Borrowers. Each Borrower hereby releases Lender from any and all causes of action or claims, whether known or unknown, which such Borrower may have as of the date hereof for any asserted loss or damages to such Borrower claimed to be caused by, or arising from, any act or omission to act on the part of Lender, its shareholders, directors, officers, employees, agents or representatives with respect to the Loan Documents.
Release by Borrowers. Each Borrower, in consideration of the Agent’s and each Lender’s execution and delivery of this Amendment and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, unconditionally, freely, voluntarily and, after consultation with counsel and becoming fully and adequately informed as to the relevant facts, circumstances and consequences, releases, waives and forever discharges (and further agrees not to allege, claim or pursue) any and all claims, rights, causes of action, counterclaims or defenses of any kind whatsoever, in contract, in tort, in law or in equity, whether known or unknown, direct or derivative, which such Borrower or any predecessor, successor or assign might other have or may have against any Lender, the Agent or any of such Lender’s or Agent’s present or former subsidiaries, Affiliates, officers, directors, employees, attorneys or other representatives or agents on account of any conduct, condition, act, omission, event, contract, liability, obligation, demand, covenant, promise, indebtedness, claim, right, cause of action, suit, damage, defense, circumstance or matter of any kind whatsoever which existed, arose or occurred at any time prior to the Effective Date relating to the Amendment, the Forbearance Agreement, the Credit Agreement and the Other Documents and/or any transactions contemplated thereby, except for any obligations remaining to be respectively performed by the Lenders or the Agent as expressly set forth in this Amendment, the Forbearance Agreement, the Credit Agreement and the Other Documents.
Release by Borrowers. Each Borrower hereby releases Administrative Agent and Lenders from any and all causes of action or claims, whether known or unknown, which such Borrower may have as of the date hereof for any asserted loss or damages to such Borrower claimed to be caused by, or arising from, any act or omission to act on the part of Administrative Agent and/or Lenders, or their shareholders, directors, officers, employees, agents or representatives with respect to the Loan Documents.
Release by Borrowers. (a) Definition of "Related Parties" and "Claims". For purposes of this Section 4, "Related Parties" and "Claims" shall be defined as follows:
Release by Borrowers. (a) Effective immediately following the completion of the purchase and sale of the Credit Facilities to Purchaser under the Purchase Agreement, each Borrower, on behalf of itself, and any person or entity claiming by or through such Borrower (collectively, the “Borrower Releasors”), hereby unconditionally remises, releases, and forever discharges each Lender and its respective past and present officers, directors, shareholders, agents, employees, parent corporations, subsidiaries, affiliates, trustees, administrators, attorneys, predecessors, successors and assigns, including without limitation the Receiver, and the heirs, executors, administrators, and successors and assigns of any such person or entity, as releasees (collectively, the “Lender Releasees”), of and from any and all manner of actions, causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, promises, warranties, guaranties, representations, liens, judgments, claims, counterclaims, crossclaims, defenses, and/or demands whatsoever, including claims for contribution and/or indemnity, whether now known or unknown, past or present, asserted or unasserted, contingent or liquidated, at law or in equity, or resulting from any assignment, if any, which any of the Borrower Releasors ever had, now have, or may have against any of the Lender Releasees, for or by reason of any cause, matter, or thing whatsoever, whether direct or indirect, known or unknown, foreseen or unforeseen, arising from the beginning of time to the date hereof, relating to or arising under any of the Credit Facilities, the Case or the Property (collectively, the “Borrower Claims”), including, without limitation, any claims arising with respect to MPFC's alleged failure to fund advances of the $50,000,000 Loan and MPFC's alleged "oversweeping" of Borrowers' collections of Borrowers' accounts receivable. Each of the Borrowers hereby expressly waives the provisions of Section 1542 of the California Civil Code in connection with the matters which are the subject of the foregoing waivers and releases, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." and all similar provisions or rules of law. Each of the Borrowers elects to and does assume all risk for the Borrower Claims heretofore and...
Release by Borrowers. Notwithstanding the assignment made and evidenced by the Bank One Assignment and the Comerica Assignment and the assumption by the Lenders of certain obligations and liabilities pursuant thereto, each of the Borrowers hereby releases and discharges the Agent, the Collateral Agent and the Lenders from all obligations, claims, losses, causes of action, and liabilities, of whatsoever kind or nature heretofore accruing, whether now known or unknown, arising under or in connection with any Existing Bank One Loan Document and/or any Existing Comerica Loan Document or any act or omission by any existing lender under or in connection with any Existing Bank One Loan Document and/or Existing Comerica Loan Document; provided, however, nothing set forth in this Section shall relieve the Agent, the Collateral Agent or the Lenders from their respective obligations and liabilities under the Loan Documents (other than such Assignments) to which each is a party.
Release by Borrowers. Borrowers hereby waive and release and forever discharge the Administrative Agent and Lenders, and the officers, directors, attorneys, agents and employees of each, from any liability, damage, claim, loss or expense of any kind, known to Borrowers on or before the Closing Date, that any Borrower may now have against the Administrative Agent or Lenders or any of them arising or originating in whole or in part out of or relating to the Obligations, the Existing Credit Agreement, the Existing Loan Documents, this Agreement or the Loan Documents.
Release by Borrowers. (a) Definition of "Related Parties" and "Claims". -------------------- ------------------------------------------- For purposes of this Section 22, "Related Parties" and "Claims" shall be defined as follows:
Release by Borrowers. Borrowers for themselves and for their respective agents, servants, employees, shareholders, partners, subsidiaries, officers, directors, heirs, executors, administrators, agents, successors and assigns forever release and discharge Comerica and its respective agents, servants, employees, accountants, attorneys, shareholders, subsidiaries, officers, directors, heirs, executors, administrators, successors and assigns from any and all claims, demands, liabilities, accounts, obligations, costs, expenses, liens, actions, causes of action, rights to indemnity (legal or equitable), and remedies of any nature whatsoever, known or unknown, which Borrowers had, now has, or has acquired at any time prior to the date of the execution of this Agreement, including specifically, but not exclusively, and without limiting the generality of the foregoing, any and all of the claims, damages, demands and causes of action, known or unknown, suspected or unsuspected by Borrowers which:
