Common use of Release of Claims and Waiver Clause in Contracts

Release of Claims and Waiver. The Company hereby releases, remises, acquits and forever discharges the Bank and its respective employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Agreement or any of the Loan Documents, including but not limited to claims relating to any settlement negotiations (all of the foregoing hereinafter called the “Released Matters”). The Company acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Company represents and warrants to the Bank that it has not purported to transfer, assign or otherwise convey any right, title or interest it has in any Released Matter to any other Person and that the foregoing constitutes a full and complete release of all Released Matters.

Release of Claims and Waiver. The Each of the Company and the Subsidiary Guarantors hereby releases, remises, acquits and forever discharges each of the Bank Lenders and its respective such Lender’s employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations corporations, and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Agreement Waiver, the Collateral, the Loans, the Credit Agreement, or any of the Loan Documents, including but not limited to claims relating to any settlement negotiations other Credit Documents (all of the foregoing hereinafter called the “Released Matters”). The Each of the Company and the Subsidiary Guarantors acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Each of the Company and the Subsidiary Guarantors represents and warrants to the Bank Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest it has of the Company or the Subsidiary Guarantors in any Released Matter to any other Person person and that the foregoing constitutes a full and complete release of all Released Matters.

Release of Claims and Waiver. The Company Xxxx hereby releases, remises, acquits and forever discharges the Bank RACER and its respective RACER’s employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partnersmembers, affiliates, predecessors, successors and assigns, subsidiary and parent corporations, parent corporations and related corporate divisions entities (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, suits debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to in connection with this Agreement or any of and the Loan Documents, including but not limited to to, claims relating to any settlement negotiations with respect to the Loan Documents heretofore occurring (all of the foregoing hereinafter called the “Released Matters”). The Company Xxxx acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Company Xxxx represents and warrants to the Bank RACER that it has not or purported to transfer, assign or otherwise convey any right, title or interest it has of Xxxx in any Released Matter to any other Person and that the foregoing constitutes a full and complete release of all Released Matters.

Release of Claims and Waiver. The Company Each Borrower hereby releases, remises, acquits and forever discharges each Lender and the Bank Administrative Agent and its respective each of their employees, agents, representativesrepresentative, consultants, attorneys, fiduciaries, servants, officers, directors, partners, fiduciaries, predecessors, successors and assigns, subsidiary corporations, parent corporations and related corporate divisions (all of the foregoing hereinafter called collectively, the “Released Parties”), from any and all actions and actions, causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or or indirect, at law or in equity, of whatsoever kind whatever nature or naturekind, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of any or in any way connected to this the Credit Agreement or any of the Loan Documentsother Credit Documents (collectively, including but not limited to claims relating to any settlement negotiations (all of the foregoing hereinafter called the “Released Matters”). The Company Each Borrower hereby acknowledges that the agreements in this paragraph Section 4.2 are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Company Each Borrower hereby represents and warrants to each Lender and the Bank Administrative Agent that it has not purported to transfer, assign or otherwise convey any right, title or interest it has of such Borrower in any Released Matter to any other Person and that the foregoing constitutes a full and complete release of all Released Matters.

Release of Claims and Waiver. The Company Borrower hereby releases, remises, acquits and forever discharges the Bank Lender and its respective Lender’s employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations corporations, and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Agreement or any of and the Loan Documents, including but not limited to to, claims relating to any settlement negotiations (all of the foregoing hereinafter called the “Released Matters”). The Company Borrower acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Company Borrower represents and warrants to the Bank Lender that it has not purported to transfer, assign or otherwise convey any right, title or interest it has of Borrower in any Released Matter to any other Person and that the foregoing constitutes a full and complete release of all Released Matters.

Release of Claims and Waiver. The Company Borrowers hereby releasesrelease, remisesremise, acquits acquit and forever discharges discharge the Bank Series A Lender and its respective the Series A Lender's employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations corporations, and related corporate divisions (all of the foregoing hereinafter called the “"Released Parties”"), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Amendment, the Loan Agreement or any of and the Loan Documents, including but not limited to to, claims relating to any settlement negotiations (all of the foregoing hereinafter called the “"Released Matters”"). The Company acknowledges Borrowers acknowledge that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Company represents Borrowers represent and warrants warrant to the Bank Series A Lender that it has they have not purported to transfer, assign or otherwise convey any right, title or interest it has of Borrowers in any Released Matter to any other Person and that the foregoing constitutes a full and complete release of all Released Matters.

Release of Claims and Waiver. The Each of the Company and each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Bank Lenders and its respective such Lender's employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations corporations, and related corporate divisions (all of the foregoing hereinafter called the “"Released Parties”"), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Agreement Third Amendment, the Collateral, the Loans, the Credit Agreement, or any of the Loan Documents, including but not limited to claims relating to any settlement negotiations other Credit Documents (all of the foregoing hereinafter called the “"Released Matters”"). The Each of the Company and each of its Subsidiaries acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Each of the Company and each of its Subsidiaries represents and warrants to the Bank Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest it has of the Company in any Released Matter to any other Person person and that the foregoing constitutes a full and complete release of all Released Matters.

Release of Claims and Waiver. The Each of the Company and each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Bank Lenders and its respective such Lender's employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations corporations, and related corporate divisions (all of the foregoing hereinafter called the “"Released Parties”"), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Agreement Fifth Amendment, the Collateral, the Loans, the Credit Agreement, or any of the Loan Documents, including but not limited to claims relating to any settlement negotiations other Credit Documents (all of the foregoing hereinafter called the “"Released Matters”"). The Each of the Company and each of its Subsidiaries acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Each of the Company and each of its Subsidiaries represents and warrants to the Bank Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest it has of the Company in any Released Matter to any other Person person and that the foregoing constitutes a full and complete release of all Released Matters.

Release of Claims and Waiver. The Company Borrower and each Guarantor hereby releases, remises, acquits and forever discharges each Lender and the Bank Administrative Agent and its respective each of their employees, agents, representativesrepresentative, consultants, attorneys, fiduciaries, servants, officers, directors, partners, fiduciaries, predecessors, successors and assigns, subsidiary corporations, parent corporations and related corporate divisions (all of the foregoing hereinafter called collectively, the “Released Parties”), from any and all actions and actions, causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or or indirect, at law or in equity, of whatsoever kind whatever nature or naturekind, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of any or in any way connected to this Agreement or any of the Loan DocumentsDocuments (collectively, including but not limited to claims relating to any settlement negotiations (all of the foregoing hereinafter called the “Released Matters”). The Company Borrower and each Guarantor hereby acknowledges that the agreements in this paragraph Section 10 are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Company Borrower and each Guarantor hereby represents and warrants to the Bank Administrative Agent and each Lender that it has not purported to transfer, assign or otherwise convey any right, title or interest it has of the Borrower or any Guarantor in any Released Matter to any other Person and that the foregoing constitutes a full and complete release of all Released Matters.

Release of Claims and Waiver. The Each of the Company and each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Bank Lenders and its respective such Lender's employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations corporations, and related corporate divisions (all of the foregoing hereinafter called the “"Released Parties”"), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Agreement Seventh Amendment, the Collateral, the Loans, the Credit Agreement, or any of the Loan Documents, including but not limited to claims relating to any settlement negotiations other Credit Documents (all of the foregoing hereinafter called the “"Released Matters”"). The Each of the Company and each of its Subsidiaries acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Each of the Company and each of its Subsidiaries represents and warrants to the Bank Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest it has of the Company in any Released Matter to any other Person person and that the foregoing constitutes a full and complete release of all Released Matters.

Release of Claims and Waiver. The Company hereby releases, remises, acquits and forever discharges the Bank Bank, and its respective employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted omitted, or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Agreement or any of the Loan Documents, including but not limited to claims relating to any settlement negotiations (all of the foregoing hereinafter called the “Released Matters”). The Company acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Company represents and warrants to the Bank that it has not purported to transfer, assign assign, or otherwise convey any right, title title, or interest it has in any Released Matter to any other Person and that the foregoing constitutes a full and complete release of all Released Matters.

Release of Claims and Waiver. The Each of the Company and each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Bank Lenders and its respective such Lender's employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations corporations, and related corporate divisions (all of the foregoing hereinafter called the “"Released Parties”"), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Agreement Waiver, the Collateral, the Loans, the Credit Agreement, or any of the Loan Documents, including but not limited to claims relating to any settlement negotiations other Credit Documents (all of the foregoing hereinafter called the “"Released Matters”"). The Each of the Company and each of its Subsidiaries acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Each of the Company and each of its Subsidiaries represents and warrants to the Bank Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest it has of the Company in any Released Matter to any other Person person and that the foregoing constitutes a full and complete release of all Released Matters.

Release of Claims and Waiver. The Each of the Company and each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Bank Lenders and its respective such Lender’s employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations corporations, and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Agreement Tenth Amendment, the Collateral, the Loans, the Credit Agreement, or any of the Loan Documents, including but not limited to claims relating to any settlement negotiations other Credit Documents (all of the foregoing hereinafter called the “Released Matters”). The Each of the Company and each of its Subsidiaries acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Each of the Company and each of its Subsidiaries represents and warrants to the Bank Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest it has of the Company in any Released Matter to any other Person person and that the foregoing constitutes a full and complete release of all Released Matters.

Release of Claims and Waiver. The Each of the Company and each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Bank Lenders and its respective such Lender’s employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations corporations, and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Agreement Ninth Amendment, the Collateral, the Loans, the Credit Agreement, or any of the Loan Documents, including but not limited to claims relating to any settlement negotiations other Credit Documents (all of the foregoing hereinafter called the “Released Matters”). The Each of the Company and each of its Subsidiaries acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Each of the Company and each of its Subsidiaries represents and warrants to the Bank Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest it has of the Company in any Released Matter to any other Person person and that the foregoing constitutes a full and complete release of all Released Matters.

Release of Claims and Waiver. The Company Borrowers hereby releasesrelease, remisesremise, acquits acquit and forever discharges discharge the Bank Lenders and its respective the Lenders' employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations corporations, and related corporate divisions (all of the foregoing hereinafter called the “"Released Parties”"), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Amendment, the Loan Agreement or any of and the Loan Documents, including but not limited to to, claims relating to any settlement negotiations (all of the foregoing hereinafter called the “"Released Matters”"). The Company acknowledges Borrowers acknowledge that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Company represents Borrowers represent and warrants warrant to the Bank Lenders that it has they have not purported to transfer, assign or otherwise convey any right, title or interest it has of Borrowers in any Released Matter to any other Person and that the foregoing constitutes a full and complete release of all Released Matters.