Release of Released Parties. On the Effective Date, the Lender Agent, the Lenders, the Noteholders, the Shareholders, the Optionholders and the Incentiveholders shall, and hereby do, forever and irrevocably release and discharge Pengrowth, Cona and each of the WEF Parties and each of their respective present and former directors, officers, employees, representatives, advisors (including legal and financial advisors) and agents (each a “Pengrowth Released Party”) from all present and future demands, actions, causes of action, suits, damages, judgments, executions, expenses, obligations, liabilities and claims of any kind or nature whatsoever (other than liabilities or claims attributable to the gross negligence, fraud or willful misconduct of the applicable Pengrowth Released Party as determined by the final non-appealable judgment of a court of competent jurisdiction), whether known or unknown, matured or unmatured, or foreseen or unforeseen, based in whole or in part on any act, omission, transaction, duty, responsibility, liability, obligation, dealing or other occurrence, arising on or prior to the Effective Date in connection with the Secured Indebtedness, the Secured Debt Documents, the Shares, the Options, the Option Plan, the Incentives, the Arrangement proceedings, the Arrangement Agreement, this Plan, the transactions contemplated hereunder, the business, affairs, administration and management of Pengrowth, and any other actions or matters related directly or indirectly to the foregoing, provided that nothing in this Section 8.1(a) shall release or discharge any Pengrowth Released Party from or in respect of its obligations under this Plan.
Release of Released Parties. Upon occurrence of the Effective Date, the Releasing Parties shall be deemed to have, and by operation of the Final Order shall have, FULLY, FINALLY, AND FOREVER RELEASED, and are FOREVER BARRED from the prosecution of, any and all Released Claims against any and all of the Released Parties, except that the release shall not preclude any action or claim related to the implementation and/or enforcement of the Settlement Agreement. The Release in this Section 3.1 is in addition to the effect of the Final Order entered in accordance with this Settlement.
Release of Released Parties. The Manager agrees that it will not (and will cause the Servicer each Sub-Servicer, as applicable, to not), in each case in connection with applicable Servicing of the Assets (and exercise of the applicable authority granted under the Transaction Documents with respect thereto), renew, extend, renegotiate, compromise, settle or release any Note or Asset or any right of the Company with respect to the Assets, except upon payment in full thereof, unless the Borrower and all Obligors on said Note or Asset first shall release and discharge each Released Party from all claims, demands and causes of action that any such Borrower or Obligor may have against any such Released Party arising out of or resulting from any act or omission occurring prior to the date of such release.
Release of Released Parties. The Parties agree to the following release which shall be included in the Second Order and which shall take effect upon the date the Court’s approval of the Settlement Agreement becomes a Final Order.
Release of Released Parties. Executive, for himself and for his marital community, representatives, heirs, successors, and assigns, does hereby completely release and forever discharge Company and any subsidiary and affiliated entities, and its and their present and former joint ventures, shareholders, officers, directors, agents, employees, attorneys, insurers, successors, and assigns (collectively, "Released Parties"), from all actions, causes of action, primary duties corresponding to Executive's primary rights, rights, demands, actions, obligations, liabilities, attorneys fees, claims, and other obligations of every kind and character, known or unknown, mature or unmatured, which Executive may now have or has ever had, whether based on tort, contract (express or implied), or any federal, state, or local law, statute, public policy, or regulation (collectively, "Released Claims"). By way of example and not in limitation of the foregoing, the Released Claims shall include any claims arising under any executive severance agreement or plan, any claims for compensation under any bonus or commission plan in which Executive was a participant (except as expressly provided in Section 1C, above), and any claims for breach of contract, breach of the covenant of good faith and fair dealing, infliction of emotional distress, misrepresentation, interference with contract or prospective economic advantage, defamation, invasion of privacy, retaliation, wrongful discharge, and discrimination. Notwithstanding the foregoing, Executive's Released Claims shall not include (i) any claims based on obligations created by or reaffirmed in this Agreement; (ii) any obligation Company may have for any compensation earned by and due Executive for work performed on or prior to the Effective Date (except that any claim under any bonus or commission plan is expressly waived and released, except as expressly provided in Section 1C, above); (iii) any claims for indemnification xxxxx Xxxxxxx'x Xx-xxxx xx applicable law attributable to his employment by the Company; (iv) any claims arising from acts or omissions after the Effective Date; (v) any claims for industrial injury or illness; and (vi) any claims for unemployment insurance benefits.
Release of Released Parties. On the Effective Date, each of the Released Parties shall be released and discharged from all present and future actions, causes of action, damages, judgments, executions, obligations, liabilities and claims of any kind or nature whatsoever (other than liabilities or claims attributable to any of Released Party’s gross negligence, fraud or wilful misconduct as determined by the final, non-appealable judgment of a court of competent jurisdiction) arising on or prior to the Effective Date in connection with the Existing Notes, the Existing Indenture, any documents or agreements related to the Existing Indenture, the CBCA Proceedings, this Plan, the transactions contemplated hereunder and any proceedings commenced with respect to or in connection with this Plan, the Share Exchange Transaction Documents and the transactions contemplated thereunder, and any other actions or matters related directly or indirectly to the foregoing, provided that nothing in this paragraph shall release or discharge any of the Released Parties from or in respect of its obligations under this Plan, the Noteholder Support Agreements, the New Secured Notes, the New Indenture, the Share Exchange Transaction Documents or under any Order, or any document ancillary to the foregoing.
Release of Released Parties. (a) Upon the Effective Date, subject to Section 3.2 and in consideration of payment of the Settlement Amount, and for other valuable consideration set forth in the Settlement Agreement, the Releasing Parties shall be deemed to, and do hereby, release and forever discharge the Released Parties of and from any and all Released Claims. The Parties shall use their best efforts to have the terms of the release contemplated herein incorporated into the Approval Orders. It is a material term of the Settlement Agreement that the Courts include the release of the Released Parties of all the Released Claims provided for in this Settlement Agreement in the Approval Orders.
Release of Released Parties. (a) Upon the Effective Date, subject to Section 4.2 and in consideration of payment of the Settlement Amount, and for other valuable consideration set forth in the Settlement Agreement, including Asiana's commitment to provide continuing compliance with the cooperation provisions of this Settlement Agreement set forth in Section 3.1, the Releasing Parties shall be deemed to, and do hereby, release and forever discharge the Released Parties of and from any and all Released Claims. The Parties shall use their best efforts to have the terms of the release contemplated herein expressly incorporated into the Approval Orders.
Release of Released Parties. (a) Upon the Effective Date, subject to Section 4.2 and in consideration of payment of the Settlement Amount, and for other valuable consideration set forth in the Settlement Agreement, including Cathay Pacific's commitment to provide continuing compliance with the cooperation provisions of this Settlement Agreement set forth in Section 3.1, the Releasing Parties shall be deemed to, and do hereby, release and forever discharge the Released Parties of and from any and all Released Claims. The Parties shall use their best efforts to have the terms of the release contemplated herein incorporated into the Approval Orders.
Release of Released Parties. At the applicable time pursuant to Section 5.3, each of the Released Parties shall be forever and irrevocably released and discharged from any and all present and future actions, causes of action, damages, judgments, executions, obligations, liabilities and Claims of any kind or nature whatsoever arising on or prior to the Effective Date in connection with the Senior Unsecured Notes, the Senior Unsecured Note Indenture, the Support Agreement, the Existing Shares, the Arrangement, the Arrangement Agreement, this Plan, the CBCA Proceedings, the Chapter 15 Proceedings and any other proceedings commenced with respect to or in connection with this Plan, the transactions contemplated hereunder (including, without limitation, the issuance of the New Common Shares and the New 1.5 Lien Notes and the execution of the New 1.5 Lien Note Documents and the New 1.5 Lien Term Loans Documents), and any other actions, agreements, documents or matters related directly or indirectly to the foregoing, provided that nothing in this paragraph shall release or discharge any Released Party:
