Release of Initial Member Sample Clauses

Release of Initial Member. (a) Except as otherwise specifically provided in Article VI of this Agreement or in the LLC Operating Agreement or any other Ancillary Document, the Company hereby releases and forever discharges the Initial Member, the FDIC, the Failed Banks and all of their respective officers, directors, employees, agents, attorneys, contractors and representatives, and all of their respective successors, assigns (other than the Company) and Affiliates, from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Company had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Loans, the servicing of the Loans (before or after the Cut-Off Date) by the Initial Member, the Failed Banks or their predecessors-in-interest, the FDIC or any Person acting on behalf of the Initial Member, the FDIC or the Failed Banks or their predecessors-in-interest, or the acquisition of the Loans (other than gross negligence or willful misconduct); provided, however, that nothing contained in this Section 4.17(a) shall constitute or be interpreted as a waiver of any express right that the Company has under this Agreement or any of the Ancillary Documents.
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Release of Initial Member. (a) Except as otherwise specifically provided in Article VI of this Agreement or in any Ancillary Document, the Company hereby releases and forever discharges the Initial Member, the FDIC, the Seller and the Failed Bank and all of their respective officers, directors, employees, agents, attorneys, contractors and representatives, and all of their respective successors, assigns (other than the Company) and Affiliates, from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Company had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Loans, the servicing of the Loans (before or after the Cut-Off Date) by the Initial Member, the Failed Bank or any Person on behalf of the Initial Member or the Failed Bank, or the acquisition of the Loans (other than gross negligence or willful misconduct); provided, however, that nothing contained in this Section 4.16(a) shall constitute or be interpreted as a waiver of any express right that the Company has under this Agreement or any of the Ancillary Documents.
Sample 1Sample 2
Release of Initial Member. (a) Except as otherwise specifically provided in Article VI of this Agreement or in the Participation Agreement or any other Ancillary Document, the Company hereby releases and forever discharges the Initial Member, the FDIC, and the Failed Bank and all of their respective officers, directors, employees, agents, attorneys, contractors and representatives, and all of their FNBN RESCON I LLC Loan Contribution and Assignment Agreement 12373123.2 respective successors, assigns (other than the Company) and Affiliates, from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Company had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Loans, the servicing of the Loans (before or after the Cut-Off Date) by the Initial Member, the Failed Bank or its predecessors, the FDIC or any Person acting on behalf of the Initial Member, the FDIC or the Failed Bank or its predecessors, or the acquisition of the Loans (other than gross negligence or willful misconduct); provided, however, that nothing contained in this Section 4.16(a) shall constitute or be interpreted as a waiver of any express right that the Company has under this Agreement or any of the Ancillary Documents.
Sample 1

Related to Release of Initial Member

  • Initial Members The initial Members of the LLC, their initial capital contributions, and their percentage interest in the LLC are as follows: Members Percentage Interest in LLC Capital Contribution (If any)

  • Additional Members One or more additional members may be admitted to the Company with the consent of the Member. Prior to the admission of any such additional members to the Company, the Member shall amend this Agreement to make such changes as the Member shall determine to reflect the fact that the Company shall have such additional members. Each additional member shall execute and deliver a supplement or counterpart to this Agreement, as necessary.

  • Admission of Additional Members One or more additional members of the Company may be admitted to the Company with the written consent of the Member.

  • Associate Members An Associate Member is any government or regulatory agency that has an interest in the development of oneM2M Technical Specifications and Technical Reports. The list of the Associate Members will be maintained by the Secretariat and visible to all oneM2M Participants.

  • Release of Releasees (1) Upon the Effective Date, subject to Section 6.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have.

  • Duties of Members Each Member shall use his or her best efforts to promote the business of the LLC.

  • Waiver of FOIA Request The defendant waives all of his rights, whether asserted directly or by a representative, to request or receive from any department or agency of the United States any records pertaining to the investigation or prosecution of this case including, without limitation, any records that may be sought under the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act of 1974, 5 U.S.C. § 552a.

  • Annual Membership Fee You agree to pay in advance a nonrefundable annual membership fee shown on page 1, whether or not you use your Card or Credit Card account. The fee will be charged on a periodic statement shortly after you open your Credit Card account and after that in the same month every year. We reserve the right to waive all or a portion of the annual fee.

  • THE MEMBERS Members are the owners of the Company. Members are not entitled to compensation for services furnished to the Company in the Member’s capacity as a Member. The name and residential address of each Member is contained in Exhibit 1 attached to this Agreement. Each Member’s initial membership interest is the percentage set forth in Exhibit 1. An unauthorized transfer of a Member’s interest could create a substantial hardship for the Company. Consequently, the Members agree to the restrictions and procedures affecting the ownership and transfer of the Members’ interests as identified in Article VII. The Members acknowledge these restrictions are not intended to penalize, but rather are intended to protect and preserve the existing trust-based relationships, the Company’s capital, and the Company’s financial ability to continue its operations.

  • Contributions for OTPP Plan Members i. When an employee/plan member is on short term sick leave and receiving less than 100% of regular salary, the Board will continue to deduct and remit OTPP contributions based on 100% of the employee/plan member’s regular pay.

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