Common use of Release of Lender Clause in Contracts

Release of Lender. For and in consideration of the Loan and each advance or other financial accommodation hereunder, Borrower voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge Lender, and its successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association that may be responsible or liable for the acts or omissions of Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx or inchoate, known or unknown (“Claims”) that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly); provided, however, no Released Party shall be released for Claims arising from such Released Party’s gross negligence or willful misconduct as determined as a final judgment by a court of competent jurisdiction. Each Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the Loan and in making each advance of Loan proceeds hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Nimblegen Systems Inc), Loan and Security Agreement (Nimblegen Systems Inc)

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Release of Lender. For and in consideration of the Loan and each advance or other financial accommodation hereunder, Borrower each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”"RELEASING PARTIES") does hereby fully and completely release, acquit and forever discharge Lender, and its successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”"LENDER PARTIES"), and any other person, firm, business, corporation, insurer, or association that which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”"RELEASED PARTIES"), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx choate or inchoate, known or unknown (“Claims”) that the Releasing Parties (or any of xxx xx them) have or may have, against the Released Parties or any of them (whether directly or indirectly); provided, however, no Released Party shall be released for Claims arising from such Released except to the extent caused by a Lender Party’s 's gross negligence or willful misconduct as determined as a final judgment by a court of competent jurisdictionmisconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Lender’s 's decision to extend to Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the Loan and in making each advance of Loan proceeds hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Idx Systems Corp)

Release of Lender. For and in consideration of the Loan and each advance or other financial accommodation hereunder, Borrower each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge Lender, and its successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association that which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx cxxxxx or inchoate, known or unknown (“Claims”) that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly); provided, however, no Released Party shall be released for Claims arising from such Released Party’s gross negligence or willful misconduct other than any claim as determined as to which a final judgment by determination is made in a court judicial proceeding (in which the Lender or any of competent jurisdictionthe Released Parties have had an opportunity to be heard) which determination includes a specific finding that one of the Released Parties acted in a grossly negligent manner or in actual bad faith. Each Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the Loan and in making each advance of Loan proceeds hereunder.

Appears in 1 contract

Samples: Loan Agreement (Tandem Health Care, Inc.)

Release of Lender. For and in consideration of the Loan and each advance or other financial accommodation hereunder, Borrower each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the "Releasing Parties") does hereby fully and completely release, acquit and forever discharge Lender, and its successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the "Lender Parties"), and any other person, firm, business, corporation, insurer, or association that which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the "Released Parties"), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx cxxxxx or inchoate, known or unknown (“Claims”) that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly); provided, however, no Released Party shall be released ) except for Claims arising from such Released Party’s gross negligence or willful misconduct as determined as a final judgment claims involving any intentional torts by a court of competent jurisdictionLender. Each Borrower acknowledges that the foregoing release is a material inducement to Lender’s 's decision to extend to Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the Loan and in making each advance of Loan proceeds hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Star Multi Care Services Inc)

Release of Lender. For and in consideration of the Loan and each advance or other financial accommodation hereunder, Borrower each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge Lender, and its successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association that which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx or inchoate, known or unknown (“Claims”) that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly); provided, however, no Released Party shall be released for Claims arising from such Released Party’s gross negligence or willful misconduct as determined as a final judgment by a court of competent jurisdiction. Each Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the Loan and in making each advance of Loan proceeds hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Southland Health Services, Inc.)

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Release of Lender. For and in consideration of the Loan and each advance or other financial accommodation hereunder, Borrower each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge Lender, and its successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association that which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx or inchoate, known or unknown (“Claims”) that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly); provided, however, no Released Party shall be released for Claims arising from such Released Party’s gross negligence or willful misconduct as determined as a final judgment by a court of competent jurisdictionmisconduct. Each Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the Loan and in making each advance of Loan proceeds hereunder.

Appears in 1 contract

Samples: Loan Agreement (Regeneration Technologies Inc)

Release of Lender. For By execution of this Agreement, Borrowers acknowledge and confirm that Borrowers do not have any actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and/or demands of any kind whatsoever, at law or in consideration equity, matured or unmatured, vested or contingent arising out of or relating to this Agreement, the Credit Agreement or the other Loan and each advance Documents against any Indemnified Person (as defined below), whether asserted or unasserted. Notwithstanding any other financial accommodation hereunderprovision of any Loan Document, Borrower to the extent that such actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and/or demands may exist, Borrowers voluntarily, knowingly, unconditionally, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself and its agentsthemselves, attorneystheir managers, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge Lender, and its successors, assigns, heirs, affiliates, subsidiaries, parent companies, principalsmembers, directors, officers, employees, shareholders stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and agents assigns and their respective Affiliates (hereinafter called collectively, the “Lender Releasing Parties”)) hereby fully and completely release and forever discharge Lender, its Affiliates and its and their respective managers, members, officers, employee, Affiliates, agents, representatives, successors, assigns, accountants and attorneys (collectively, the “Indemnified Persons”) and any other person, firm, business, corporation, insurer, Person or association that insurer which may be responsible or liable for the acts or omissions of Lender Partiesany of the Indemnified Persons, or who may be liable for the injury or damage resulting therefrom (collectively collectively, the “Released PartiesPersons”), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx or inchoate, known or unknown (“Claims”) unknown, that any of the Releasing Parties (or have against any of them) have or may have, against the Released Parties or any Persons as of them (whether directly or indirectly); provided, however, no Released Party shall be released for Claims arising from such Released Party’s gross negligence or willful misconduct as determined as a final judgment by a court the date of competent jurisdictionthis Agreement. Each Borrower acknowledges Borrowers acknowledge that the foregoing release is a material inducement to LenderLxxxxx’s decision to extend grant the waiver and agree to Borrower the financial accommodations hereunder amendment herein set forth and has been is relied upon by Lender Lxxxxx in agreeing to make the Loan and in making each advance of Loan proceeds hereunderexecuting this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement and Waiver (Fuse Medical, Inc.)

Release of Lender. For and in consideration of the Loan Loans and each advance or other financial accommodation hereunder, Borrower each Borrower, voluntarily, knowingly, unconditionally, and irrevocably, with specific and express intent, for and on behalf of itself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge Lender, and its successors, assigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, shareholders and agents (hereinafter called the “Lender Parties”), and any other person, firm, business, corporation, insurer, or association that which may be responsible or liable for the acts or omissions of the Lender Parties, or who may be liable for the injury or damage resulting therefrom (collectively the “Released Parties”), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx or inchoate, known or unknown (“Claims”) that the Releasing Parties (or any of them) have or may have, against the Released Parties or any of them (whether directly or indirectly); provided) based upon any fact, however, no Released Party shall be released for Claims arising from such Released Party’s gross negligence event or willful misconduct as determined as a final judgment by a court circumstance which existed or occurred on or prior to the date of competent jurisdictionthis Agreement. Each Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the Loan Loans and in making each advance of Loan Loans proceeds hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Correctional Services Corp)

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