Common use of Release of Claims and Waiver of Defenses Clause in Contracts

Release of Claims and Waiver of Defenses. In further consideration of the Forbearing Creditor’s entry into and performance under this Agreement, PREPA, on behalf of itself and its successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, agents and attorneys hereby forever, fully, unconditionally and irrevocably waives and releases the Forbearing Creditor and its respective successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, attorneys, financial advisors and agents (collectively, the “Releasees”) from any and all claims, liabilities, obligations, debts, causes of action (whether at law or in equity or otherwise), defenses, counterclaims and setoffs of any kind, whether known or unknown, liquidated or unliquidated, matured or unmatured, fixed or contingent, or otherwise, directly or indirectly arising out of, connected with, resulting from or related to any act or omission by the Forbearing Creditor or any other Releasee with respect to the Credit Agreement or any other Facility Documents, except to the extent that any such claims, liabilities, obligations, debts, causes of action, defenses, counterclaims and setoffs are found in a final, nonappealable judgment of a court of competent jurisdiction to have resulted from the gross negligence or willful misconduct of the Releasees.

Appears in 3 contracts

Samples: Forbearance Agreement, Forbearance Agreement, Forbearance Agreement

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Release of Claims and Waiver of Defenses. In further consideration of the Forbearing Creditor’s 's entry into and performance under this Agreement, PREPA, on behalf of itself and its successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, agents and attorneys hereby forever, fully, unconditionally and irrevocably waives and releases the Forbearing Creditor and its respective successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, attorneys, financial advisors and agents (collectively, the "Releasees") from any and all claims, liabilities, obligations, debts, causes of action (whether at law or in equity or otherwise), defenses, counterclaims and setoffs of any kind, whether known or unknown, liquidated or unliquidated, matured or unmatured, fixed or contingent, or otherwise, directly or indirectly arising out of, connected with, resulting from or related to any act or omission by the Forbearing Creditor or any other Releasee with respect to the Credit Agreement or any other Facility Documents, except to the extent that any such claims, liabilities, obligations, debts, causes of action, defenses, counterclaims and setoffs are found in a final, nonappealable judgment of a court of competent jurisdiction to have resulted from the gross negligence or willful willfu l misconduct of the Releasees.

Appears in 2 contracts

Samples: Forbearanc E Agreemen T, Forbearanc E Agreemen T

Release of Claims and Waiver of Defenses. In further consideration of the Forbearing Creditor’s Creditors’ entry into and performance under this Agreement, PREPA, on behalf of itself and its successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, agents and attorneys hereby forever, fully, unconditionally and irrevocably waives and releases the Forbearing Creditor Creditors and its their respective successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, attorneys, financial advisors and agents (collectively, the “Releasees”) from any and all claims, liabilities, obligations, debts, causes of action (whether at law or in equity or otherwise), defenses, counterclaims and setoffs of any kind, whether known or unknown, liquidated or unliquidated, matured or unmatured, fixed or contingent, or otherwise, directly or indirectly arising out of, connected with, resulting from or related to any act or omission by the Forbearing Creditor Creditors or any other Releasee with respect to the Credit Agreement or any other Facility Loan Documents, except to the extent that any such claims, liabilities, obligations, debts, causes of action, defenses, counterclaims and setoffs are found in a final, nonappealable judgment of a court of competent jurisdiction to have resulted from the gross negligence or willful misconduct of the Releasees.

Appears in 2 contracts

Samples: Forbearance and Amendment Agreement, Forbearance and Amendment Agreement

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Release of Claims and Waiver of Defenses. In further consideration of the Forbearing Creditor’s Creditors' entry into and performance under this Agreement, PREPA, on behalf of itself and its successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, agents and attorneys hereby forever, fully, unconditionally and irrevocably waives and releases the Forbearing Creditor Creditors and its their respective successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, attorneys, financial advisors attorneys and agents (collectively, the "Releasees") from any and all claims, liabilities, obligations, debts, causes of action (whether at law or in equity or otherwise), defenses, counterclaims and setoffs of any kind, whether known or unknown, liquidated or unliquidated, matured or unmatured, fixed or contingent, or otherwise, directly or indirectly arising out of, connected with, resulting from or related to any act or omission by the Forbearing Creditor Creditors or any other Releasee with respect to the Credit Agreement Trust Agreement, the Bond Insurance Agreements, or any other Facility Transaction Documents, except to the extent that any such claims, liabilities, obligations, debts, causes of action, defenses, counterclaims and setoffs are found in a final, nonappealable judgment of a court of competent jurisdiction to have resulted from the gross negligence or willful misconduct of the Releasees. Nothing herein shall release any obligations of the Insurers under the Bond Insurance Agreements.

Appears in 1 contract

Samples: Forbearance Agreement

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