Common use of Release of Claims and Waiver Clause in Contracts

Release of Claims and Waiver. The Borrowers hereby release, remise, acquit and forever discharge the Series B Lender and the Series B Lender's 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 Amendment, the Loan Agreement and the Loan Documents, including but not limited to, claims relating to any settlement negotiations (all of the foregoing hereinafter called the "Released Matters"). 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 Borrowers represent and warrant to the Series B Lender that they have not purported to transfer, assign or otherwise convey any right, title or interest 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 Borrowers Each of the Borrower and each Guarantor hereby releasereleases, remiseremises, acquit acquits and forever discharge discharges each Lender, the Series B Lender Administrative Agent and the Series B Lender's Documentation Agent and each of their employees, agents, representativesrepresentative, consultants, attorneys, fiduciaries, servants, officers, directors, partners, fiduciaries, predecessors, successors and assigns, subsidiary corporations, parent corporations, 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 Amendment, Agreement or the Loan Agreement and the Loan DocumentsDocuments (collectively, including but not limited to, claims relating to any settlement negotiations (all of the foregoing hereinafter called the "Released Matters"). Borrowers acknowledge Each of the Borrower and each Guarantor hereby acknowledges that the agreements in this paragraph Section 8 are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Borrowers represent Each of the Borrower and warrant each Guarantor hereby represents and warrants to the Series B Administrative Agent, the Documentation Agent and each Lender that they have it has not purported to transfer, assign or otherwise convey any right, title or interest of Borrowers 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 Borrowers Each of the Company and the Subsidiary Guarantors hereby releasereleases, remiseremises, acquit acquits and forever discharge discharges each of the Series B Lender Lenders and the Series B such Lender's ’s 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 Eleventh Amendment, the Loan Agreement and Collateral, the Loan DocumentsLoans, including but not limited tothe Credit Agreement, claims relating to any settlement negotiations or the other Credit Documents (all of the foregoing hereinafter called the "“Released Matters"”). Borrowers acknowledge 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 Borrowers represent Each of the Company and warrant the Subsidiary Guarantors represents and warrants to the Series B Lender Lenders that they have it has not purported to transfer, assign or otherwise convey any right, title or interest of Borrowers 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 Borrowers Borrower and each Guarantor hereby releasereleases, remiseremises, acquit acquits and forever discharge the Series B discharges Lender and the Series B Lender's ’s 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 AmendmentAgreement, the Loan Credit Agreement and the other Loan Documents, including but not limited to, claims relating to any settlement negotiations Documents (all of the foregoing hereinafter called the "“Released Matters"”). Borrowers acknowledge Borrower and each Guarantor 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 Borrowers represent Each of Borrower and warrant Guarantors represents and warrants to the Series B Lender that they have it has not purported to transfer, assign or otherwise convey any of their respective right, title or interest 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 Borrowers Each of the Borrower and I each Guarantor hereby releasereleases, remiseremises, acquit acquits and forever discharge the Series B discharges each Lender and the Series B Lender's Administrative Agent and each of their employees, agents, representativesrepresentative, consultants, attorneys, fiduciaries, servants, officers, directors, partners, fiduciaries, predecessors, successors and assigns, subsidiary corporations, parent corporations, corporations and related corporate divisions (all of the foregoing hereinafter called collectively, the "Released PartiesRELEASED 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 AmendmentAgreement or the Loan Documents (collectively, the Loan Agreement and the Loan Documents, including but not limited to, claims relating to any settlement negotiations (all of the foregoing hereinafter called the "Released MattersRELEASED MATTERS"). Borrowers acknowledge Each of the 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 Borrowers represent Each of the Borrower and warrant each Guarantor hereby represents and warrants to the Series B Administrative Agent and each Lender that they have it has not purported to transfer, assign or otherwise convey any right, title or interest of Borrowers 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 Borrowers Each of the Company and the Subsidiary Guarantors hereby releasereleases, remiseremises, acquit acquits and forever discharge discharges each of the Series B Lender Lenders and the Series B such Lender's ’s 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 Twelfth Amendment, the Loan Agreement and Collateral, the Loan DocumentsLoans, including but not limited tothe Credit Agreement, claims relating to any settlement negotiations or the other Credit Documents (all of the foregoing hereinafter called the "“Released Matters"”). Borrowers acknowledge 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 Borrowers represent Each of the Company and warrant the Subsidiary Guarantors represents and warrants to the Series B Lender Lenders that they have it has not purported to transfer, assign or otherwise convey any right, title or interest of Borrowers 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 Borrowers Each of the Borrower and each Guarantor hereby releasereleases, remiseremises, acquit acquits and forever discharge the Series B discharges each Lender and the Series B Lender's Administrative Agent and each of their employees, agents, representativesrepresentative, consultants, attorneys, fiduciaries, servants, officers, directors, partners, fiduciaries, predecessors, successors and assigns, subsidiary corporations, parent corporations, corporations and related corporate divisions (all of the foregoing hereinafter called collectively, the "Released PartiesRELEASED 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 AmendmentAgreement or the Loan Documents (collectively, the Loan Agreement and the Loan Documents, including but not limited to, claims relating to any settlement negotiations (all of the foregoing hereinafter called the "Released MattersRELEASED MATTERS"). Borrowers acknowledge Each of the 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 Borrowers represent Each of the Borrower and warrant each Guarantor hereby represents and warrants to the Series B Administrative Agent and each Lender that they have it has not purported to transfer, assign or otherwise convey any right, title or interest of Borrowers 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 Borrowers Each of the Borrower and each Guarantor hereby releasereleases, remiseremises, acquit acquits and forever discharge the Series B discharges each Lender and the Series B Lender's Administrative Agent and each of their employees, agents, representativesrepresentative, consultants, attorneys, fiduciaries, servants, officers, directors, partners, fiduciaries, predecessors, successors and assigns, subsidiary corporations, parent corporations, 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 Amendment, Agreement or the Loan Agreement and the Loan DocumentsDocuments (collectively, including but not limited to, claims relating to any settlement negotiations (all of the foregoing hereinafter called the "Released Matters"). Borrowers acknowledge Each of the 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 Borrowers represent Each of the Borrower and warrant each Guarantor hereby represents and warrants to the Series B Administrative Agent and each Lender that they have it has not purported to transfer, assign or otherwise convey any right, title or interest of Borrowers 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 Borrowers Each of the Borrower and each Guarantor hereby releasereleases, remiseremises, acquit acquits and forever discharge discharges each Lender, the Series B Lender Administrative Agent and the Series B Lender's Documentation Agent and each of their employees, agents, representativesrepresentative, consultants, attorneys, fiduciaries, servants, officers, directors, partners, fiduciaries, predecessors, successors and assigns, subsidiary corporations, parent corporations, 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 Amendment, Agreement or the Loan Agreement and the Loan DocumentsDocuments (collectively, including but not limited to, claims relating to any settlement negotiations (all of the foregoing hereinafter called the "Released Matters"). Borrowers acknowledge Each of the Borrower and each Guarantor hereby acknowledges that the agreements in this paragraph Section 9 are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. The Borrowers represent Each of the Borrower and warrant each Guarantor hereby represents and warrants to the Series B Administrative Agent, the Documentation Agent and each Lender that they have it has not purported to transfer, assign or otherwise convey any right, title or interest of Borrowers 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 Borrowers Each of the Company and the Subsidiary Guarantors hereby releasereleases, remiseremises, acquit acquits and forever discharge discharges each of the Series B Lender Lenders and the Series B such Lender's ’s 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 Thirteenth Amendment, the Loan Agreement and Collateral, the Loan DocumentsLoans, including but not limited tothe Credit Agreement, claims relating to any settlement negotiations or the other Credit Documents (all of the foregoing hereinafter called the "“Released Matters"”). Borrowers acknowledge 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 Borrowers represent Each of the Company and warrant the Subsidiary Guarantors represents and warrants to the Series B Lender Lenders that they have it has not purported to transfer, assign or otherwise convey any right, title or interest of Borrowers 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 Borrowers Borrowers, hereby release, remise, acquit and forever discharge the Series B Lender Agent, Lenders, and the Series B Lender's Agent’s and Lenders’ 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 Second Amendment, the Loan Credit Agreement and the Loan Documents, including but not limited to, claims relating to any settlement negotiations (all of the foregoing hereinafter called the "“Released Matters"”). 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 Borrowers represent Each Borrower represents and warrant warrants to Agent and the Series B Lender Lenders that they have it has not purported to transfer, assign or otherwise convey any right, title or interest of Borrowers such Borrower in any Released Matter to any other Person and that the foregoing constitutes a full and complete release of all Released Matters.