Common use of Release of Claims and Waiver Clause in Contracts

Release of Claims and Waiver. Each of the Company and each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Lenders and such 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, 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 Eighth Amendment, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the "Released Matters"). 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. Each of the Company and each of its Subsidiaries represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.

Appears in 1 contract

Samples: Credit Agreement (Select Comfort Corp)

AutoNDA by SimpleDocs

Release of Claims and Waiver. Each of the Company and each of its Subsidiaries The Borrowers hereby releasesrelease, remisesremise, acquits acquit and forever discharges each of the Lenders discharge GE Capital and such LenderGE Capital'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 Eighth Amendment, the CollateralPurchase Agreement, the LoansNote or any other Loan Document, the Credit Agreementincluding but not limited to, or the other Credit Documents claims relating to any settlement negotiations (all of the foregoing hereinafter called the "Released Matters"). Each of the Company and each of its Subsidiaries 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. Each of the Company The Borrowers represent and each of its Subsidiaries represents and warrants warrant to the Lenders GE Capital that it has they have not purported to transfer, assign or otherwise convey any right, title or interest of the Company Borrowers in any Released Matter to any other person Person and that the foregoing constitutes a full and complete release of all Released Matters.

Appears in 1 contract

Samples: Thermoview Industries Inc

Release of Claims and Waiver. Each of the Company and each of its Subsidiaries Borrowers hereby releasesrelease, remisesremise, acquits acquit and forever discharges each of discharge Agent and the Lenders and such LenderAgent'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 Eighth Amendment, the CollateralCredit Agreement and the Loan Documents, the Loansincluding but not limited to, the Credit Agreement, or the other Credit Documents claims relating to any settlement negotiations (all of the foregoing hereinafter called the "Released Matters"). Each of the Company and each of its Subsidiaries 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. Each of the Company Borrowers represent and each of its Subsidiaries represents and warrants warrant to the Lenders Agent that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company Borrowers in any Released Matter to any other person Person and that the foregoing constitutes a full and complete release of all Released Matters.

Appears in 1 contract

Samples: Credit Agreement (Layne Christensen Co)

Release of Claims and Waiver. Each of the Company and each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Lenders and such 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, 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 Eighth Sixth Amendment, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the "Released Matters"). 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. Each of the Company and each of its Subsidiaries represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.

Appears in 1 contract

Samples: Credit Agreement (Select Comfort Corp)

AutoNDA by SimpleDocs

Release of Claims and Waiver. Each of the Company and each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Lenders and such 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, 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 Eighth Fourth Amendment, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the "Released Matters"). 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. Each of the Company and each of its Subsidiaries represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.

Appears in 1 contract

Samples: Credit Agreement (Select Comfort Corp)

Release of Claims and Waiver. Each of the Company and each of its Subsidiaries The Borrowers hereby releasesrelease, remisesremise, acquits acquit and forever discharges each of discharge the Lenders Series C Lender and such the Series C 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 Eighth Amendment, the CollateralLoan Agreement and the Loan Documents, the Loansincluding but not limited to, the Credit Agreement, or the other Credit Documents claims relating to any settlement negotiations (all of the foregoing hereinafter called the "Released Matters"). Each of the Company and each of its Subsidiaries 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. Each of the Company The Borrowers represent and each of its Subsidiaries represents and warrants warrant to the Lenders Series C Lender that it has they have not purported to transfer, assign or otherwise convey any right, title or interest of the Company Borrowers in any Released Matter to any other person Person and that the foregoing constitutes a full and complete release of all Released Matters.

Appears in 1 contract

Samples: Thermoview Industries Inc

Time is Money Join Law Insider Premium to draft better contracts faster.