Release of the Bank. The Borrower hereby confirms that as of the date hereof it has no claim, set-off, counterclaim, defense, or other cause of action against the Bank including, but not limited to, a defense of usury, any claim or cause of action at common law, inequity, statutory or otherwise, in contract or in tort, for fraud, malfeasance, misrepresentation, financial loss, usury, deceptive trade practice, or any other loss, damage or liability of any kind, including, without limitation, any claim to exemplary or punitive damages arising out of any transaction between the Borrower and the Bank. To the extent that any such set-off, counterclaim, defense, or other cause of action may exist or might hereafter arise based on facts known or unknown that exist as of this date, such set-off, counterclaim, defense and other cause of action is hereby expressly and knowingly waived and released by the Borrower. The Borrower acknowledges that this release is part of the consideration to the Bank for the financial and other accommodations granted by the Bank in this Agreement.
Release of the Bank. Employee, for himself, his successors, assigns, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Bank and its respective officers, directors, stockholders, trustees, employees, agents, parent corporations, subsidiaries, affiliates, estates, successors, assigns and attorneys (“the Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever, in law or in equity, which Employee ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Bank or any of its parents, subsidiaries, affiliates, or predecessors, and Employee. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Employee has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal or state law, except as provided in Paragraph 2; claims arising under Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; claims for statutory or common law wrongful discharge, including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; claims for attorney’s fees, expenses and costs; claims for defamation; claims for wages or vacation pay; claims for benefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release the Bank of its obligations to Employee under the Employment Agreement or any other contractual obligations between the Bank or its affiliates and Employee, or any indemnification obligations to Employee under the Bank’s bylaws, articles of incorporation, Georgia law or otherwise.
Release of the Bank. As an additional part of this AGREEMENT, and in consideration for the various agreements of the BANK as set forth herein, the OBLIGORS, jointly and severally, hereby release, acquit, exonerate and forever discharge the BANK, all of the BANK'S affiliates, parent corporations and subsidiaries, and all of the BANK'S past, present and future directors, officers, employees, agents and attorneys (collectively, the "RELEASED BANK PARTIES") from any and all claims, causes of action, suits and damages of any nature (including claims for attorneys' fees), known or unknown, suspected or unsuspected, which the OBLIGORS jointly or severally ever had or now have against any or all of the RELEASED BANK PARTIES, including, without limitation, any and all claims, causes of action, suits or damages which arise out of or are due to any act, omission, communication, transaction, occurrence, representation, misrepresentation, promise, breach of fiduciary duty, negligence, or breach of contract in any way relating or pertaining to the LINE OF CREDIT, the LOAN DOCUMENTS, the BANK ACCOUNTS, the COLLATERAL and/or the RELEASED BANK PARTIES' dealings with any of the OBLIGORS. The OBLIGORS hereby acknowledge that it is their intent to hereby grant to the RELEASED BANK PARTIES the broadest possible release of all claims or causes of action that they may have against the RELEASED BANK PARTIES.
Release of the Bank. Employee, on behalf of himself/herself and his/her heirs, attorneys, executors, successors, administrators and assigns, does hereby release, acquit and forever discharge the Bank and its respective parents, predecessors, successors, assigns, subsidiaries, divisions, affiliated companies and benefit plans, and each of their respective present and former affiliates, directors, officers, fiduciaries, employees, agents, successors and assigns, from any and all liabilities, damages, causes of action and claims of any nature, kind or description whatsoever, whether accrued or to accrue, which Employee ever had, now has or hereafter may have against any of them, known or unknown, that are based on facts occurring the day of and prior to the day Employee executes this Agreement, including, but not limited to, any claims under any state or federal law or statute, including, but not limited to, the Age Discrimination in Employment Act (29 U.S.C. section 621 et. seq.), the Americans with Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Equal Pay Act, the California Fair Employment and Housing Act, any claim based on tort, contract or otherwise, any claim for attorneys fees or costs, or any matter or action related to Employee’s employment and/or affiliation with the Bank and its affiliates. This Agreement recognizes the rights and responsibilities of the Equal Employment Opportunity Commission (“EEOC”) and the California Department of Fair Employment and Housing (“DFEH”) to enforce the statutes which come under their jurisdiction. This Agreement is not intended to prevent Employee from initiating or participating in any investigation or proceeding conducted by the EEOC or the DFEH; provided, however, that nothing in this section limits or affects the finality or the scope of the Release. Employee has waived and released any claim that he/she may have for damages based on any alleged discrimination, harassment or retaliation, and may not recover damages in any proceeding conducted by the EEOC or the DFEH.
Release of the Bank. In consideration of receipt by Employee of the Severance Package, which Employee acknowledges is in addition to anything of value to which he/she is otherwise entitled, Employee, on behalf of himself/herself and his/her heirs, attorneys, executors, successors, administrators and assigns, does hereby release, acquit and forever discharge the Bank and its respective predecessors, successors, assigns, subsidiaries, divisions, holding companies, affiliated companies and benefit plans, and each of their respective present and former affiliates, directors, officers, fiduciaries, employees, agents, successors and assigns, from any and all liabilities, damages, causes of action and claims of any nature, kind or description whatsoever, whether accrued or to accrue, which Employee ever had, now has or hereafter may have against any of them, known or unknown, that are based on facts occurring the day of and prior to the day Employee executes this Agreement, including, but not limited to, any claims under any state or federal law or statute, including, but not limited to, the Age Discrimination in Employment Act of 1967 (29 U.S.C. section 621 et seq.), the Americans with Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Equal Pay Act, any claim based on tort, contract or otherwise, any claim for attorneys fees or costs, or any matter or action related to Employee employment and/or affiliation with, or termination and separation from the Bank and its affiliates. This Agreement recognizes the rights and responsibilities of the Equal Employment Opportunity Commission (“EEOC”) and the California Department of Fair Employment and Housing (“DFEH”) to enforce the statutes which come under their jurisdiction. This Agreement is not intended to prevent Employee from initiating or participating in any investigation or proceeding conducted by the EEOC or the DFEH; provided, however, that nothing in this section limits or affects the finality or the scope of the Release. Employee has waived and released any claim that he/she may have for damages based on any alleged discrimination, harassment or retaliation, and may not recover damages in any proceeding conducted by the EEOC or the DFEH.
Release of the Bank. Each of the Obligors forever releases and discharges the Bank, its agents, servants, employees, directors, officers, attorneys, branches, affiliates, subsidiaries, successors and assigns and all persons, firms, corporations, and organizations acting on the Bank's behalf (collectively referred to as the "Bank Entities") of and from any and all losses, damages, claims, demands, liabilities, obligations, actions and causes of action, of any nature whatsoever in law or in equity, including, without limitation, any claims or joinders for sole liability, contribution or indemnity (collectively, the "Obligor Claims"), which the Obligors, or one or more of them, may have or claim to have against the Bank or any of the Bank Entities, as of the Effective Date of this Agreement, whether presently known or unknown, and of every nature and extent whatsoever, on account of or in any way touching, concerning, arising out of, founded upon or relating to (i) the Loan Documents, (ii) the Loans, (iii) this Agreement, (iv) enforcement or negotiation of any of the foregoing Loan Documents or Loans, and (v) the dealings of the parties to this Agreement with respect to the obligations of the Obligors to the Bank under the Loan Documents or one or more of them (collectively, the "Obligations").
Release of the Bank. As a result of the Securities no longer being convertible into the Bank Common Stock, each of the parties hereto agrees that the Bank has satisfied all of its obligations under the Indenture and that the Bank shall be released from any further obligation under the Indenture.
