Release of Plaintiffs. Upon the Effective Date, Monsanto will be deemed to have, and by operation of the Judgment will have, fully, finally, and forever released, relinquished, and discharged Plaintiffs, the Class, and Class Counsel from any and all claims, demands, rights, suits, liabilities, and causes of action of every nature and description whatsoever, whether known or unknown, matured or unmatured, at law or in equity, existing under federal or state law, that Monsanto has or may have against any of them arising out of or related in any way to the transactions, occurrences, events, behaviors, conduct, practices, and policies alleged in the Action, and in connection with the filing and conduct of the Action, that have been brought, could have been brought, or are currently pending in any forum in the United States.
Release of Plaintiffs. (a) In consideration of the mutual promises set forth in this Agreement and other valuable consideration, the sufficiency of which has been acknowledged by the Parties, and except with respect to compliance with the obligations set forth in this Agreement, the Defendants, for themselves, and their present and former predecessors, successors, assigns, insurers, attorneys, employees, parents, affiliates, related entities, trustees, counsel, collectors, heirs, personal representatives, other agents and/or any others who have, had, or may have a claim by or through them, to the fullest extent permitted by law (collectively the “Defendant Releasing Parties”) hereby waives, releases, discharges, and acquits Plaintiffs, and their present and former predecessors, successors, assigns, insurers, attorneys, employees, parents, affiliates, branches, divisions, related entities, subsidiaries, shareholders, members, managers, officers, directors, trustees, counsel, collectors, heirs, personal representatives, and other agents (collectively the “Plaintiff Released Parties), from any and all past, present, and future claims, causes of action, demands, damages, fees, benefits, compensation, indemnification, obligations, actions, liabilities, losses, judgments, rights to appeal, liens, rights, debts, costs, or expenses of any nature whatsoever, based on any theory of recovery, whether at law or in equity, known or unknown, direct or indirect, which the Defendant Releasing Parties ever had, now have, or hereafter can, shall or may have from the beginning of time to the Effective Date, arising in or related to the Bankruptcy Case and the Adversary Proceeding (hereinafter the “Defendant Released Claims”).
Release of Plaintiffs. Upon the Escrow Agent’s complete distribution of the Stock Powers to Singularity pursuant to the terms of the Escrow Agreement, Defendants, on their own behalf and on behalf of their current and former officers, managers, directors, shareholders, employees, divisions, parents, subsidiaries, affiliates, heirs, assigns, beneficiaries, successors, agents, attorneys, and representatives (collectively, the “Defendant Releasors”), hereby fully release, remise and forever discharge Plaintiffs and their current and former officers, managers, directors, shareholders, employees, divisions, parents, subsidiaries, affiliates, heirs, assigns, beneficiaries, successors, agents, attorneys, and representatives (collectively, the “Plaintiff Releasees”) of and from any and all claims which were, or could have been, alleged in the Actions (such claims are collectively referred to in this paragraph only as the “Released Claims”). The Defendant Releasors agree that this instrument may be treated as a complete defense to any action or proceeding that may be brought, instituted or taken by the Defendant Releasors or their subrogees against any of the Plaintiff Releasees on the Released Claims and shall forever be a complete bar to the commencement or prosecution of any action or proceeding by the Defendant Releasors or their subrogees against any of the Plaintiff Releasees for any damages, costs or attorneys’ fees arising from or in any way connected with the Released Claims. The Defendant Releasors represent and warrant to the Plaintiff Releasees that they have not assigned or otherwise transferred any of the Released Claims to any individual, firm, corporation or other legal entity.
Release of Plaintiffs. NATIONAL UNION, on its own behalf and on behalf of its officers, directors, parents, subsidiaries and affiliated corporations, present and former agents, employees, attorneys, predecessors, successors, and assigns, and each of them, and all of those claiming by, through, under or in concert with it, or any of them, hereby absolutely, forever and fully, generally and specifically release and discharge PLAINTIFFS and their present and former agents, employees, attorneys, independent contractors, officers, directors, parents, subsidiaries and affiliated corporations, partners, joint venturers, attorneys, predecessors, successors and assigns, and each of them, from any and all claims, contentions, rights, debts, liabilities, demands, accounts, accountings, reckonings, obligations, duties, promises, costs, expenses (including but not limited to, attorneys’ fees), liens, subrogation rights, indemnification rights, damages, losses, actions, and causes of action, of any kind whatsoever, whether based upon contract, tort, statute or any other legal or equitable theory of recovery, and whether fixed or contingent, matured or unmatured, liquidated or unliquidated, known or unknown, suspected or unsuspected, based upon, arising out of, or in any way related to, directly or indirectly, the POLICY, the ACTION or the CLAIM giving rise thereto.
Release of Plaintiffs. Other than for breaches of this Agreement, and except as reserved in Section 2.6 below, Defendants irrevocably release and forever discharge Plaintiffs and each of their respective officers, directors, employees, shareholders, independent contractors, agents, members, predecessors, successors, subsidiaries, affiliates, assigns, and attorneys from all claims, counterclaims, answers, cross-claims, any judicial, administrative or other proceedings of any kind in any jurisdiction, actions, causes of action, costs, damages, debts, demands, expenses, liabilities, losses, obligations, proceedings, and suits of every kind and nature, liquidated or unliquidated, fixed or contingent, in law, equity, or otherwise, whether asserted or unasserted, whether presently known or unknown, whether anticipated or unanticipated, and whether direct or derivative, that Defendants ever had, now have or hereafter may acquire against Plaintiffs, whether known or unknown, on account of any action, inaction, matter, thing, or event, that occurred or failed to occur at any time in the past, from the beginning of time through and including the Effective Date, arising out of or related to the Action and all claims alleged by Plaintiffs in the Action.
Release of Plaintiffs. Upon the Effective Date, Revlon will be deemed to have, and by operation of the Judgment will have, fully, finally, and forever released, relinquished, and discharged the Plaintiffs, Class and Class Counsel from any and all claims, demands, rights, suits, liabilities, and causes of action of every nature and description whatsoever, known or unknown, matured or unmatured, at law or in equity, existing under federal or state law, that Revlon has or may have against any of them arising out of or related in any way to the transactions, occurrences, events, behaviors, conduct, practices, and policies alleged in the Action, and in connection with the filing and conduct of the Action, that have been brought, could have been brought, or are currently pending in any forum in the United States.
Release of Plaintiffs. Effective upon the Defendants’ receipt of a fully executed copy of this Agreement, each of the Defendants, on behalf of himself or itself, and its or his predecessors, successors, parents, subsidiaries, divisions, affiliates, assigns, and any of its current or former agents, directors, officers, employees, consultants, committees, fiduciaries, representatives, attorneys, and all persons and entities acting by, through, under or in concert with it currently or in the past, release, acquit, and discharges the Plaintiffs, and their successors and assigns, of and from any and all known and unknown charges, complaints, claims, grievances, liabilities, obligations, promises, agreements, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, penalties, fees, expenses (including attorneys' fees and costs actually incurred) and punitive damages, of any nature whatsoever, known or unknown, and whether asserted or unasserted, which it has, or may have had, against any Plaintiff, whether or not apparent or yet to be discovered, or which may hereafter develop, for any acts or omissions related to or arising from the Plaintiff’s Claims and the Engagement Agreement or any other business dealings between any Plaintiff and Daybreak on or prior to the date hereof; provided, however, that nothing contained herein shall be deemed to release any obligations the Plaintiffs have under this Agreement.
Release of Plaintiffs. JPMorgan (individually, as Trustee on behalf of the Trust and its Unit Holders and as general partner of the Partnership); Pioneer (individually, as managing general partner of the Partnership, and as Subject Lessee and/or operator under the Conveyance); and Woodside each agree to fully, finally and forever release, acquit, and discharge Plaintiffs, their predecessors, successors, and assigns from any and all claims, causes of action, demands and liabilities, known or unknown, contingent or direct, that arise from or relate in any way to the claims, matters, or theories that have been or could have been asserted in the Lawsuit including, without limitation, any and all claims relating to or concerning in any way the acts and/or omissions of Plaintiffs or of any of the Parties. These releasing parties expressly warrant and represent that no promise or agreement which has not herein been expressed has been made to or relied upon by them in executing this release and that the releasing parties are relying upon their own judgment and are not relying upon any statement or representation of Plaintiffs or any of the other Parties, subject to paragraph E(5) below. This release shall include and encompass any such claims, causes of action, demands, liabilities, matters or theories, including, but not limited to, those based in contract or in tort and whether based on alleged breaches of fiduciary duty, misapplication of fiduciary property, fraud, negligence or gross negligence, breach of contract, conspiracy, or aiding or abetting. This release will also include, without limiting the foregoing, any claim by any releasing party for reimbursement of attorney’s fees or of any costs, other than as provided for in paragraph D(3).
