Common use of Release Clause in Contracts

Release. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligations.

Release. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, hereby releases and forever discharges each Lenderthe Agents, the Administrative Agent, each Issuing Bank, the Collateral Agent Lenders and each of their respective successors parents, subsidiaries and permitted assignsaffiliates, past or present, and each of them, as well as each of Agents’ and Lenders’ directors, officers, directorsagents, servants, employees, shareholders, representatives, trustees, attorneys, agents administrators, executors, heirs, assigns, predecessors and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any successors in interest, and all actionsother persons, claimsfirms or corporations with whom any of the former have been, demandsare now, causes or may hereafter be affiliated, and each of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) them (collectively, the “Released Releasees”), from and against any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action in law or equity, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, fixed or contingent, suspected or unsuspected by any Loan Party, and whether concealed or hidden (collectively, “Claims”), for which any Loan Party now owns or because holds or has at any time heretofore owned or held, which are based upon or arise out of or in connection with any matters matter, cause or things occurring, thing existing at any time prior to the date hereof or actions anything done, omitted to be done, or suffered to be done by or omitted at any of the Released Parties, in each case, on or time prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendmentconnection with the Financing Agreement, the Credit Agreement, any other Loan Document, Documents or any of the transactions contemplated hereby or thereby this Amendment (collectively, collectively the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further represents, warrants and agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised in executing and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendmentrelease, they are not relying and have not relied upon any representation, promise or statement made by anyone which is not recited, contained or embodied in this Amendment or the Loan Documents. Each Loan Party has reviewed this release with the Loan Parties’ legal counsel, and understands and acknowledges the significance and consequence of this release and of the specific waiver thereof contained herein. Each Loan Party understands and expressly assumes the risk that any fact not recited, contained or embodied therein may turn out hereafter to be other than, different from, or contrary to the facts now known to any Loan Party or believed by any Loan Party to be true. Nevertheless, each Loan Party consulted withintends by this release to release fully, finally and forever all Released Matters and agrees that this release shall be effective in all respects notwithstanding any such difference in facts, and has been represented byshall not be subject to termination, legal counsel and expressly disclaims any reliance on any representations, acts modification or omissions rescission by any reason of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment difference in full of the Obligationsfacts.

Release. For good Each Loan Party may have certain Claims against the Released Parties, as those terms are defined below, regarding or relating to the Existing Credit Agreement or the other Loan Documents. The agents and valuable considerationlenders under the Existing Credit Agreement, and each Loan Party desires to resolve each and every one of such Claims in conjunction with the receipt execution of this Agreement and sufficiency thus each Loan Party makes the releases contained in this Section 9.17. In consideration of which are hereby acknowledgedAgents and the Lender Parties entering into this Agreement, each Loan Party hereby, for itself and its successors and assigns, hereby fully and without reserve, releases, acquits, unconditionally releases and forever discharges each Lenderof the Agents (and their predecessors) and the Lenders (in their capacities as such under the Existing Credit Agreement), the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assignsdirectors, officers, directors, employees, representativessubsidiaries, trusteesAffiliates, attorneys, agents and affiliates representatives, (collectively collectively, in their capacities as such under the Existing Credit Agreement, the “Released Parties” ”), of and individually a “Released Party”) from any and all actions, claims, demandsallegations, causes of action, judgments, executions, suits, debts, costs or demands and liabilities, costsof whatever kind or nature, damages, expenses or other obligations of any kind up to and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputedincluding the date on which this Agreement is executed, whether known or unknown unknown, liquidated or unliquidated, fixed or contingent, asserted or unasserted, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, anticipated or unanticipated, which any Loan Party has, had, claims to have had or hereafter claims to have against the Released Parties by reason of any act or omission on the part of the Released Parties, or any of them, occurring prior to the date on which this Agreement is executed, including all such loss or damage of any kind heretofore sustained or that may arise as a consequence of the dealings among the parties up to and including the date on which this Agreement is executed, regarding or relating to the Existing Credit Agreement, any of the Loan Documents (INCLUDINGas in effect immediately prior to the Effective Date), WITHOUT LIMITATIONthe borrowings or other extensions of credit or financial accommodations thereunder or any of the other Obligations thereunder, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) including administration or enforcement thereof (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees represents and warrants that it will not ▇▇▇ any Released Party on the basis has no knowledge of any Claim by it against the Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims or of any reliance on any representations, facts or acts or of omissions by any of the Released Parties which on the Effective Date would be the basis of a Claim by such Person against the Released Parties which is not released hereby. Each Loan Party represents and hereby agrees and acknowledges warrants that the validity foregoing constitutes a full and effectiveness complete release of all Claims. Notwithstanding anything to the releases set forth herein do contrary contained herein, the foregoing release shall not depend be applicable to the extent a court of competent jurisdiction has determined the Released Parties have acted with gross negligence, bad faith or willful misconduct in any way on connection with any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsClaims.

Release. For good Each Credit Party forever releases, waives, and valuable considerationdischarges Lender, the receipt and sufficiency of which are hereby acknowledgedits Affiliates, each Loan Party herebytheir predecessors, for itself and its successors successors, and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, officers, directors, shareholders, employees, agents, representatives, trusteesand consultants (each, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all claims, actions, claimsinvestigations, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses and expenses, of whatever kind or other obligations of any kind nature and nature whatsoever, direct and/or indirecthowever characterized, at law or law, in equity, whether or otherwise, that any Credit Party has or may have against any Released Party, known or unknown, foreseen or unforeseen, now existing or hereafter assertedarising in the future, based in whole or in part on facts (whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”not now known), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to before the date hereof and are in any way directly hereof, that relate to or indirectly arising arise out of or in any way connected to any of this Amendment, the Credit AgreementModification, any other Loan Document, or any of the transactions contemplated hereby thereby, or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving any acts or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided omissions in Sections 10.04 of the Credit Agreementconnection therewith. Each Loan PartyCredit Party agrees not to assert any claim, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not s▇▇▇ , or otherwise institute any court or other legal proceeding against any Released Party on the basis of any Released Claim released, remised and discharged that is covered by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representationsherein. FURTHER, acts and/or omissions or the accuracyEACH CREDIT PARTY EXPRESSLY WAIVES ANY PROVISION OF APPLICABLE LAW TO THE EFFECT THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WITH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN SUCH PARTY’S FAVOR AT THE TIME OF EXECUTING THE RELEASE, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this AmendmentWHICH, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsIF KNOWN BY SUCH PARTY, MUST HAVE MATERIALLY AFFECTED SUCH PARTY’S AGREEMENT WITH THE RELEASED PARTIES.

Release. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each a. Each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, hereby releases and forever discharges each Lenderthe Agents, the Administrative Agent, each Issuing Bank, the Collateral Agent Lenders and each of their respective successors parents, subsidiaries and permitted assignsaffiliates, past or present, and each of them, as well as each of Agents’ and Lenders’ directors, officers, directorsagents, servants, employees, shareholders, representatives, trustees, attorneys, agents administrators, executors, heirs, assigns, predecessors and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any successors in interest, and all actionsother persons, claimsfirms or corporations with whom any of the former have been, demandsare now, causes or may hereafter be affiliated, and each of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) them (collectively, the “Released Releasees”), from and against any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action in law or equity, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, fixed or contingent, suspected or unsuspected by any Loan Party, and whether concealed or hidden (collectively, “Claims”), for which any Loan Party now owns or because holds or has at any time heretofore owned or held, which are based upon or arise out of or in connection with any matters matter, cause or things occurring, thing existing at any time prior to the date hereof or actions anything done, omitted to be done, or suffered to be done by or omitted at any of the Released Parties, in each case, on or time prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendmentconnection with the Financing Agreement, the Credit Agreement, any other Loan Document, Documents or any of the transactions contemplated hereby or thereby this Amendment (collectively, collectively the “Released Matters”); provided that. Each Loan Party represents, for warrants and agrees that in executing and entering into this release, they are not relying and have not relied upon any representation, promise or statement made by anyone which is not recited, contained or embodied in this Amendment or the avoidance Loan Documents. Each Loan Party has reviewed this release with the Loan Parties’ legal counsel, and understands and acknowledges the significance and consequence of doubtthis release and of the specific waiver thereof contained herein. Each Loan Party understands and expressly assumes the risk that any fact not recited, contained or embodied therein may turn out hereafter to be other than, different from, or contrary to the facts now known to any Loan Party or believed by any Loan Party to be true. Nevertheless, each Loan Party intends by this release to release fully, finally and forever all Released Matters and agrees that this release shall be effective in all respects notwithstanding any such difference in facts, and shall not be subject to termination, modification or rescission by reason of any such difference in facts. b. Each Loan Party acknowledges that it has been informed by its respective counsel of the provisions of Section 1542 of the California Civil Code and the possible applicability of those provisions to this Amendment. With the advice of its respective counsel, to the extent the releases in this Amendment are deemed to be general releases in connection with the matters they encompass, the Borrowers and each Guarantor hereby expressly waives and relinquishes all rights and benefits which they have or may in the future have under Section 1542 of the California Civil Code which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Each Loan Party acknowledges that it may hereafter discover facts which are different from or in addition to those which they now know or believe to be true with respect to the Loan Documents or to the matters herein released, and they agree that the Loan Documents shall be and remain in full force and effect in all respects notwithstanding any such different or additional facts. The foregoing references to California law shall not in any way derogate from the provisions of Section 19 below, it is being understood and agreed by the all parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasingthat, acquittingas provided for in Section 19, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into New York law shall govern this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. . c. The provisions of this Section 14 13 shall survive the occurrence termination of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsForbearance Period.

Release. For In consideration of the agreements of the Administrative Agent and the Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which are is hereby acknowledged, each Loan Party hereby, for itself hereby unconditionally and its successors and assigns, fully and without reserve, releasesirrevocably remises, acquits, and fully and forever releases and discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each the Lenders and all respective affiliates and subsidiaries of the Administrative Agent and the Lenders, their respective successors and permitted assigns, officers, directors, employees, representatives, trusteesagents, attorneys, agents principals, advisors, directors and affiliates shareholders, and their respective heirs, legal representatives, successors and assigns (collectively collectively, the “Released Lender Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgmentsobligations, executionsremedies, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind damages and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) liabilities (collectively, the “Released Loan Party Claims”)) arising out of or related to the Credit Agreement, for or because of any matters or things occurring, existing or actions done, omitted to be donethe other Loan Documents, or suffered to be done by the transactions contemplated therein, whether now known, suspected or claimed, whether arising under common law, in equity or under statute, which any of Loan Party ever had or now has against the Released Parties, in each case, Lender Parties which may have arisen at any time on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan PartyParty covenants and agrees never to (and never to cause any other Loan Party to) commence, by execution hereofvoluntarily aid in any way, hereby prosecute or cause to be commenced or prosecuted against any of the Released Lender Parties any action or other proceeding based upon any of the Loan Party Claims which may have arisen at any time on or prior to the date of this Agreement. Each Loan Party acknowledges and agrees that the agreements Released Lender Parties have acted in this Section 14 are intended to cover good faith in negotiating and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this AmendmentAgreement and that the provisions hereof are not in breach or violation of any duty or obligation, each Loan Party consulted withexpress or implied, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Lender Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases to any Loan Party. The agreements set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 Paragraph 6 shall survive the occurrence termination or expiration of this Agreement and the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full the repayment, satisfaction or discharge of the Obligations.

Release. For Each Credit Party hereby acknowledges and agrees that: (a) neither it nor any of its Subsidiaries has any claim or cause of action against any Noteholder (or any of their respective Affiliates, directors, officers, employees, agents, attorneys or consultants or any of the foregoing) in connection with the Transaction Documents and (b) each Noteholder has heretofore properly performed and satisfied in a timely manner all of its obligations to the Credit Parties, and all of their Subsidiaries and Affiliates, under the Note Purchase Agreement and the other Transaction Documents. Notwithstanding the foregoing, the Noteholders wish (and the Credit Parties agree) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of the Noteholders’ rights, interests, security and/or remedies under the Note Purchase Agreement and the other Transaction Documents. Accordingly, for and in consideration of the agreements contained in this Agreement and other good and valuable consideration, each of the receipt and sufficiency of which are hereby acknowledged, Credit Parties (in each Loan Party herebycase, for itself and its successors Subsidiaries and Affiliates and the successors, assigns, fully heirs and without reserverepresentatives of each of the foregoing) (collectively, releasesthe “Releasors”) does hereby fully, acquitsfinally, unconditionally and irrevocably release, waive and forever discharges discharge each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent Noteholder and each of their respective successors and permitted assignsAffiliates, directors, officers, directors, employees, representativesagents, trusteesattorneys and consultants of each of the foregoing (collectively, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actionsdebts, claims, allegations, obligations, damages, costs, attorneys’ fees, suits, demands, liabilities, actions, proceedings and causes of action, judgmentsin each case, executionswhether known or unknown, suits, debts, liabilities, costs, damages, expenses contingent or other obligations of any kind and nature whatsoeverfixed, direct and/or or indirect, at and of whatever nature or description, and whether in law or in equity, whether under contract, tort, statute or otherwise, which any Releasor has heretofore had or now existing or hereafter assertedcan, whether absolute shall or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “may have against any Released Claims”), for or because Party by reason of any matters act, omission or things occurring, existing thing whatsoever done or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in any way Effective Date directly or indirectly arising out of of, connected with or in any way connected related to any of this AmendmentAgreement, the Credit Agreement, Note Purchase Agreement or any other Loan Transaction Document, or any of the transactions contemplated hereby act, event or thereby (collectivelytransaction related or attendant thereto, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsNoteholder contained therein.

Release. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Credit Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each LenderSecured Party, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their its respective successors and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof Effective Date and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Credit Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 13 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Credit Party hereby further agrees that it will not ▇s▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Credit Parties pursuant to this Section 1413. In entering into this Amendment, each Loan Credit Party consulted with, and has been represented by, legal counsel and expressly disclaims disclaim any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 13 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligations.

Release. For good (a) Each Loan Party hereby acknowledges and valuable considerationagrees that the Obligations under the Credit Agreement and the other Loan Documents are payable pursuant to the Credit Agreement and the other Loan Documents as modified hereby without defense, offset, withholding, counterclaim, or deduction of any kind. (b) Effective on the receipt and sufficiency of which are hereby acknowledgeddate hereof, each Loan Party herebyParty, for itself and on behalf of its successors and successors, assigns, fully and without reserveofficers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby waives, releases, acquits, remises and forever discharges each Lender, member of the Administrative AgentLender Group, each Issuing BankBank Product Provider, the Collateral Agent and each of their respective Affiliates, and each of their respective successors in title, past, present and permitted assigns, future officers, directors, employees, representativeslimited partners, general partners, managers, investors, attorneys, assigns, subsidiaries, affiliates, shareholders, trustees, attorneys, agents and affiliates other professionals and all other persons and entities to whom any member of the Lenders would be liable if such persons or entities were found to be liable to such Loan Party (collectively each a "Releasee" and collectively, the “Released Parties” and individually a “Released Party”) "Releasees"), from any and all actionspast, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, obligations, liabilities, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, losses, costs and expenses or other obligations of any kind and nature whatsoeveror character, direct and/or indirect, at law or whether based in equity, whether now existing law, contract, tort, implied or hereafter assertedexpress warranty, whether absolute strict liability, criminal or contingentcivil statute or common law (each a "Claim" and collectively, whether due or to become due, whether disputed or undisputedthe "Claims"), whether known or unknown (INCLUDINGunknown, WITHOUT LIMITATIONfixed or contingent, ANY OFFSETSdirect, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be doneindirect, or suffered to be done by any derivative, asserted or unasserted, matured or unmatured, foreseen or unforeseen, past or present, liquidated or unliquidated, suspected or unsuspected, which such Loan Party ever had from the beginning of the Released Parties, in each case, on or prior world to the date hereof and are in hereof, or now has, against any way such Releasee which relates, directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or to any acts or omissions of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto any such Releasee with respect to the Released Claims Credit Agreement or any other Loan Document, or to the lender-borrower relationship evidenced by the Loan Documents, except for the duties and obligations set forth in any of the Released Matters that no Loan Documents or in this Amendment. AS TO EACH AND EVERY CLAIM RELEASED HEREUNDER, EACH LOAN PARTY HEREBY REPRESENTS THAT IT HAS RECEIVED THE ADVICE OF LEGAL COUNSEL WITH REGARD TO THE RELEASES CONTAINED HEREIN, AND HAVING BEEN SO ADVISED, SPECIFICALLY WAIVES THE BENEFIT OF THE PROVISIONS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." As to each and every Claim released hereunder, each Loan Party is releasing, acquitting, waiving also waives the benefit of each other similar provision of applicable federal or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to state law (including without limitation the extent such defenses are expressly provided in Sections 10.04 laws of the Credit Agreementstate of California), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. Each Loan PartyParty each acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Loan Party understands, by execution hereof, hereby acknowledges and agrees that the agreements release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with breach of the Released Matters herein compromised and settled. provisions of such release. (c) Each Loan Party Party, for itself and on behalf of its successors, assigns, and officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby further absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not ▇▇▇ (at law, in equity, in any Released Party regulatory proceeding or otherwise) any Releasee on the basis of any Released Claim released, remised and discharged by the Loan Parties such Person pursuant to this Section 14. In entering into this Amendmentthe above release, each If any Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of its respective successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the Released Parties foregoing covenant, such Person, for itself and hereby its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys' fees and acknowledges that the validity and effectiveness costs incurred by such Releasee as a result of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligationsviolation.

Release. For good and valuable consideration(a) With respect to the Debt, the receipt Investor irrevocably, unconditionally and sufficiency of which are hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, completely releases, acquits, acquits and forever discharges each Lender, of the Administrative AgentCompany, each Issuing Bank, of the Collateral Agent direct and each indirect subsidiaries of their respective the Company and the successors and permitted past, present and future assigns, directors, managers, officers, directorsagents, employees, representatives, trustees, attorneys, agents attorneys and affiliates representatives of the respective entities identified or otherwise referred to in this clause (collectively the “Released Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released ClaimsReleasees”), for from any claim and hereby irrevocably, unconditionally and completely waives and relinquishes each and every claim that the Investor may have had in the past or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by may now have against any of the Released PartiesReleasees, in each casedirectly or indirectly, on including, without limitation, any claim relating to or prior to the date hereof and are in any way directly or indirectly arising out of: (a) any written or oral agreements or arrangements occurring, existing or entered into by the Investor at any time up to and including the date of this Agreement; and (b) any events, matters, causes, things, acts, omissions or conduct, occurring or existing at any time up to and including the date of this Agreement. (b) It is the intent of the Investor that the release set forth in Section 4(a) shall be effective as a full and final accord and satisfaction of all claims hereby released and the Investor acknowledges that the matters released herein are not limited to matters which are known or disclosed. The Investor hereby agrees, represents and warrants that he realizes and acknowledges that factual matters now existing and unknown to him may have given or may hereafter give rise to claims which are presently unknown, unsuspected, unliquidated, unmatured and/or contingent, and he further agrees, represents and warrants that this release has been negotiated and agreed upon in view of that realization. Nevertheless, the Investor hereby intends to release, discharge and acquit the Releasees from any such unknown, unsuspected, unliquidated, unmatured and/or contingent claims which are in any way connected set forth in or related to the matters identified herein. The Investor hereby explicitly waives the benefits of any of this Amendment, the Credit Agreement, any other Loan Document, common law or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto statutory rule with respect to the Released Claims and the Released Matters that no Loan Party is releasingrelease of such unknown, acquittingunsuspected, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may haveunliquidated, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts unmatured and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligationscontingent claims.

Release. For good Borrower hereby absolutely and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, unconditionally releases and forever discharges each Lender, the Administrative Agentand any and all participants, each Issuing Bankparent corporations, the Collateral Agent and each of their respective subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and permitted assignsassigns thereof, together with all of the present and former directors, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively employees of any of the “Released Parties” and individually a “Released Party”) foregoing, from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costsobligations, damagespromises, expenses acts agreements, costs and expenses, or other obligations causes of action of any kind and kind, nature whatsoeveror description, direct and/or indirect, at whether arising in law or in equityequity or upon contract or tort under any state or federal law or otherwise, which Borrower has had or now has against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Agreement, whether now existing such claims, demands and causes of action are matured or hereafter assertedunmatured, whether known or unknown, suspected or unsuspected, absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) contingent (collectively, the “Released Claims”). Without limiting the foregoing, for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on Claims shall include any and all liabilities or prior to the date hereof and are in any way directly or indirectly claims arising out of or in any way manner whatsoever connected with or related to any of this Amendmentthe Loan Documents, the Credit Agreementrecitals hereto, any other Loan Documentinstruments, agreements or documents executed in connection with any of the transactions contemplated foregoing or the origination, negotiation, administration, servicing and/or enforcement of any of the foregoing. Borrower hereby further acknowledges and agrees that as of the date hereof they have no existing defenses to the enforcement of any of the Loan Documents and to the extent that any exist as of the date hereof, each of them are hereby absolutely and forever waived. By entering into this release, Borrower recognizes that no facts or thereby (collectivelyrepresentations are ever absolutely certain and it may hereafter discover facts in addition to or different from those which it presently knows or believes to be true, the “Released Matters”); provided that, for the avoidance of doubt, but that it is understood the intention of Borrower hereby to fully, finally and agreed forever settle and release all matters, disputes and differences, known or unknown, suspected or unsuspected; accordingly, if Borrower should subsequently discover that any fact that it relied upon in entering into this release was untrue, or that any understanding of the facts was incorrect, Borrower shall not be entitled to set aside this release by the parties hereto reason thereof, regardless of any claim of mistake of fact or law or any other circumstances whatsoever. Borrower acknowledges that it is not relying upon and has not relied upon any representation or statement made by Bank with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving facts underlying this release or discharging any defenses with regard to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties such party’s rights or asserted rights. This release may be pleaded as a full and hereby agrees and complete defense and/or as a cross-complaint or counterclaim against any action, suit, or other proceeding that may be instituted, prosecuted or attempted in breach of this release. Borrower acknowledges that the validity release contained herein constitutes a material inducement to Bank to enter into this Agreement, and effectiveness of the releases set forth herein do that Bank would not depend have done so but for Bank’s expectation that such release is valid and enforceable in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligationsall events.

Release. For good (a) As of the Closing Date, Liberty Broadband, on its own behalf and valuable consideration, the receipt and sufficiency on behalf of which are hereby acknowledged, each Loan Party hereby, for itself and its successors and assignsassigns (each a “Liberty Releasing Person”), fully and without reserve, releases, acquits, hereby releases and forever discharges each Lender, member of the Administrative Agent, each Issuing Bank, the Collateral Agent SpinCo Group and each of their respective successors current, former and permitted assigns, future officers, directors, managers, employees, stockholders, members, partners, representatives, trusteesadvisors and agents (including each member of the SpinCo Group, attorneys, agents and affiliates (collectively the “Released Parties” and individually each a “SpinCo Released PartyPerson”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature Liabilities whatsoever, direct and/or indirectof every name and nature, both at law or and in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDINGunknown, WITHOUT LIMITATIONsuspected or unsuspected, ANY OFFSETSaccrued or unaccrued, REDUCTIONSwhich have been or could have been asserted against any SpinCo Released Person, REBATEMENTwhich any Liberty Releasing Person has or ever had, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectivelywhich arise out of or in any way relate to events, the “Released Claims”)facts, for circumstances or because of any matters or things actions occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or taken prior to the date hereof and are in any way directly Closing or indirectly with respect to the Liberty Retained Assets, Liberty Retained Businesses or Liberty Retained Liabilities to the extent arising out of or in any way connected relate to any of this Amendmentevents, facts, circumstances or actions occurring, existing or taken prior to the Closing (the “Liberty Released Claims”); provided, that, the Credit parties hereto acknowledge and agree that this Section 7.8(a) does not apply to, and shall not constitute a release of, any rights or obligations arising under this Agreement, the Tax Sharing Agreement, the Tax Receivables Agreement, the Restructuring Agreements, the LMC Agreements or any other Loan Document, Contract between or among any of the transactions contemplated parties (or their Affiliates) hereto that is in effect following the Closing Date. Each Liberty Releasing Person hereby irrevocably covenants to refrain from, directly or thereby indirectly, asserting or commencing any Action against any SpinCo Released Person based upon any matter purported to be released hereby. Liberty Broadband, on behalf of itself and the other Liberty Releasing Persons, further hereby waives the application of any provision of applicable Law, including California Civil Code Section 1542, that purports to limit the scope of a general release (collectivelySection 1542 of the California Civil Code provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the “Released Mattersdebtor or released party.”); provided that. Liberty Broadband, for the avoidance on behalf of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims itself and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereofother Liberty Releasing Persons, hereby acknowledges and agrees that if, after the agreements in Closing, it or any of its other Liberty Releasing Persons should make any claim or demand or commence or threaten to commence any Action against any SpinCo Released Person with respect to any Liberty Released Claim, this Section 14 are intended 7.8(a) may be raised as a complete bar to cover any such Action, and be in full satisfaction for the applicable SpinCo Released Person may recover from Liberty Broadband or the other Liberty Releasing Persons all or any alleged injuries or damages arising costs incurred in connection with such Action, including attorneys’ fees. (b) As of the Closing Date, SpinCo, on its own behalf and on behalf of its successors and assigns (each a “SpinCo Releasing Person”), hereby releases and forever discharges each member of the Liberty Broadband Group and their respective current, former and future officers, directors, managers, employees, stockholders, members, partners, representatives, advisors and agents (including each member of the Liberty Broadband Group, each a “Liberty Released Matters herein compromised Person”) from any and settled. Each Loan Party hereby further agrees all Liabilities whatsoever, of every name and nature, both at law and in equity, known or unknown, suspected or unsuspected, accrued or unaccrued, which have been or could have been asserted against any Liberty Released Person, which any SpinCo Releasing Person has or ever had, which arise out of or in any way relate to events, facts, circumstances or actions occurring, existing or taken prior to the Closing or with respect to the SpinCo Assets, SpinCo Businesses or SpinCo Liabilities to the extent arising out of or in any way relate to events, facts, circumstances or actions occurring, existing or taken prior to the Closing (the “SpinCo Released Claims”); provided, that, the parties hereto acknowledge and agree that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with7.8(b) does not apply to, and has been represented byshall not constitute a release of, legal counsel and expressly disclaims any reliance on rights or obligations arising under this Agreement, the Tax Sharing Agreement, the Tax Receivables Agreement, the Restructuring Agreements, the LMC Agreements or any representations, acts other Contract between or omissions by among any of the parties (or their Affiliates) hereto that is in effect following the Closing Date. Each SpinCo Releasing Person hereby irrevocably covenants to refrain from, directly or indirectly, asserting or commencing any Action against any Liberty Released Parties and hereby agrees and acknowledges that the validity and effectiveness Person based upon any matter purported to be released hereby. SpinCo, on behalf of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement itself and the other Loan Documents and payment in full SpinCo Releasing Persons, further hereby waives the application of any provision of applicable Law, including California Civil Code Section 1542, that purports to limit the scope of a general release (Section 1542 of the ObligationsCalifornia Civil Code provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”). SpinCo, on behalf of itself and the other SpinCo Releasing Persons, hereby acknowledges and agrees that if, after the Closing, it or any of its other SpinCo Releasing Persons should make any claim or demand or commence or threaten to commence any Action against any Liberty Released Person with respect to any SpinCo Released Claim, this Section 7.8(b) may be raised as a complete bar to any such Action, and the applicable Liberty Released Person may recover from SpinCo or the other SpinCo Releasing Persons all costs incurred in connection with such Action, including attorneys’ fees.

Release. For good Each Seller and valuable considerationeach other Seller Party executing the Required Documentation for itself, himself or herself, and its, his or her heirs, personal representatives, successors and assigns (collectively, the receipt “Releasors”), hereby (a) forever fully and sufficiency of which are hereby acknowledgedirrevocably releases and discharges Buyer, the Surviving Corporation, each Loan Party herebyof its respective Subsidiaries, for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors predecessors, successors, direct or indirect subsidiaries and permitted assignspast and present stockholders, members, managers, directors, officers, directors, employees, representativesagents, trusteesand other representatives (collectively, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actions, suits, claims, demands, causes of actiondebts, agreements, obligations, promises, judgments, executionsor liabilities of any kind whatsoever in law or equity and causes of action of every kind and nature, suitsor otherwise (including, debts, liabilitiesclaims for damages, costs, damagesexpense, expenses and attorneys’, brokers’ and accountants fees and expenses) arising out of or other obligations of any kind and nature whatsoeverrelated to events, direct and/or indirectfacts, at law conditions or in equity, whether now circumstances existing or hereafter assertedarising prior to the Closing Date, whether absolute which the Releasors can, shall or contingent, whether due or to become due, whether disputed or undisputedmay have against the Released Parties, whether known or unknown (INCLUDINGunknown, WITHOUT LIMITATIONsuspected or unsuspected, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) unanticipated as well as anticipated (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted and (b) irrevocably agree to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in any way refrain from directly or indirectly arising out of asserting any claim or in demand or commencing (or causing to be commenced) any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ Proceeding against any Released Party on the basis of based upon any Released Claim released, remised and discharged by Claim. Notwithstanding the Loan Parties pursuant to preceding sentence of this Section 14. In entering into this Amendment4.8, each Loan Party consulted with“Released Claims” does not include, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 4.8 shall survive not release or otherwise diminish, (i) the occurrence obligations of any Party set forth in or arising under any provisions of this Agreement or the Ancillary Agreements, and (ii) if such Seller Party is an employee of the termination Company or any of this Amendmentits Subsidiaries, in respect of (i) the Credit Agreement current year’s accrued but unpaid compensation and (ii) such employee’s outstanding benefits under the other Loan Documents and payment in full Employee Benefit Plans of the ObligationsCompany as of the Closing Date.

Release. For good and valuable considerationEach Shareholder, the receipt and sufficiency on behalf of which are hereby acknowledged, each Loan Party hereby, for itself and its successors Subsidiaries and assignsAffiliates, fully hereby agrees, effective upon the Closing and without reservethe need of any further notice or action, releases, acquits, that (a) the Purchaser and its Subsidiaries and Affiliates are hereby released and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) discharged from any and all actionsLiabilities, obligations, claims, demands, causes of actionproceedings, judgmentsActions, executionsContracts, suitsagreements, debts, liabilities, costs, damages, expenses or other obligations of any kind Debt and nature Guarantees whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDINGunknown, WITHOUT LIMITATIONsuspected or unsuspected, ANY OFFSETSboth in law and in equity, REDUCTIONSthat any Shareholder, REBATEMENTor any of their Subsidiaries or Affiliates now have, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) have ever had or may hereafter have arising contemporaneously with or prior to the Closing Date or on account of or arising out of any Debt or Liability owed by the Company or any of its Subsidiaries to any of the Shareholders or any of their Subsidiaries or any of their Affiliates (collectively, the “Released Claims”), for and (b) any and all Liens, if any, which any Shareholder or because any of its Subsidiaries or Affiliates may have on the assets of the Purchaser or any matters of its Subsidiaries and Affiliates in respect of the Claims are hereby automatically and irrevocably released; provided, however, that, notwithstanding the foregoing, this release does not cover, and the Shareholders shall not be deemed to release the Purchaser from, any and all Claims the Shareholders may have or things occurringbe entitled to, existing or actions done, omitted to be done, or suffered to be done by under any of the Released Parties, in each caseSale Documents. Each Shareholder, on or prior behalf of itself and its Subsidiaries and Affiliates, hereby represents and warrants to the date hereof Purchaser that neither the Shareholders nor any of their Subsidiaries or Affiliates has Transferred or purported to Transfer to any Person all or any portion of any Claim released by the Shareholders and are in any way directly or indirectly arising out of their Subsidiaries and Affiliates herein. This Section 9.05 shall not prohibit or in any way connected restrict the Shareholders’ rights and ability to any of this Amendment, make a Claim or demand for payment directly against the Credit Agreement, any other Loan Document, Company or any its Subsidiaries of the transactions contemplated hereby amounts or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed claims owed by the parties hereto with respect Company or its Subsidiaries to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsShareholders.

Release. For good and valuable considerationA. Employee, the receipt and sufficiency on behalf of which are hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquitshimself, and any other person or entity which could make any claims through him forever releases and fully discharges the Company, and each Lenderof its subsidiaries and affiliates, the Administrative Agent, each Issuing Bank, the Collateral Agent and together with each of their respective successors and permitted assigns, officers, directors, employees, agents, representatives, trusteesheirs, attorneyssuccessors, agents assigns, insurers, subsidiaries, partners, and affiliates (collectively the “Released Parties” and individually a “Released Party”) any other person or entity that could be made liable through any of them from any and all actions, claims, demands, rights, and causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter action that could be asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDINGunknown, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be donewhich Employee has, or suffered may in the future have, arising from or related to be done by Employee's relationship with the Company or any of its subsidiaries and affiliates, or the Released Partiestermination thereof, in each caseor any relationship with any of them, on or prior to the date hereof and are in any way directly or indirectly including, but not limited to, claims arising out of or related in any way connected manner to any breach of this Amendmentcontract, the Credit Agreementexpress or implied, any other Loan Documentcovenant of good faith and fair dealing, express or implied, any tort, or any violation of any federal, state, or local statute, order, rule or regulation. B. The Company, on behalf of itself, and any other person or entity that could make any claims through it, forever releases and fully discharges Employee and any other person or entity that could be made liable through him from any and all claims, demands, rights, actions and causes of action that could be asserted, whether known or unknown, which the transactions contemplated hereby Company had, now has, or thereby (collectively, may in the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may future have, arising from or related to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all Employee's relationship with Company or any alleged injuries of its affiliates, or damages the termination thereof, or any other relationship with any of them, including, but not limited to, claims arising out of or related in connection with the Released Matters herein compromised any manner to any breach of contract, express or implied, any covenant of good faith and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ fair dealing, express or implied, any Released Party on the basis tort, or any violation of any Released Claim releasedfederal, remised and discharged by state, or local statute, order, rule or regulation. C. Employee expressly acknowledges that he may have presently unknown or unsuspected claims against the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted withCompany, and has been represented byprovided the consideration detailed above in exchange for and full satisfaction and discharge of any such claims. The parties specifically waive all rights that they may have under California Civil Code section 1542, legal counsel and expressly disclaims which provides that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which is known by him must have materially affected his settlement with the debtor." D. The parties specifically waive any reliance on rights they may have under any representations, acts similar Federal or omissions by State statute or law. E. This release does not supersede any rights Employee may have for indemnification as an officer of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsCompany.

Release. For In consideration of the agreements of Administrative Agent and Pass Creek contained herein and for other good and valuable consideration, the receipt and sufficiency of which are is hereby acknowledged, each Borrower and Parent (collectively, the “Loan Party hereby, for itself Parties”) hereby unconditionally and its successors and assigns, fully and without reserve, releasesirrevocably remises, acquits, and fully and forever releases and discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each Pass Creek and all respective affiliates and subsidiaries of Administrative Agent and Pass Creek, their respective successors and permitted assigns, officers, directors, employees, representatives, trusteesagents, attorneys, agents principals, advisors, directors and affiliates shareholders, and their respective heirs, legal representatives, successors and assigns (collectively collectively, the “Released Lender Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgmentsobligations, executionsremedies, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind damages and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) liabilities (collectively, the “Released Loan Party Claims”)) arising out of or related to the Credit Agreement, for or because of any matters or things occurring, existing or actions done, omitted to be donethe other Loan Documents, or suffered to be done by the transactions contemplated therein, whether now known, suspected or claimed, whether arising under common law, in equity or under statute, which any of Loan Party ever had or now has against the Released Parties, in each case, Lender Parties which may have arisen at any time on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment. Each Loan Party covenants and agrees never to commence, the Credit Agreementvoluntarily aid in any way, any other Loan Document, prosecute or cause to be commenced or prosecuted against any of the transactions contemplated hereby Released Lender Parties any action or thereby (collectively, other proceeding based upon any of the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect Loan Party Claims which may have arisen at any time on or prior to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 date of the Credit Agreementthis Amendment. Each Loan Party, by execution hereof, hereby Party acknowledges and agrees that the Released Lender Parties have acted in good faith in negotiating and entering into this Amendment and that the provisions hereof are not in breach or violation of any duty or obligation, express or implied, of the Released Lender Parties to any such Loan Party. The agreements of each Loan Party set forth in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 15 shall survive the occurrence termination or expiration of this Amendment and the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full the repayment, satisfaction or discharge of the Obligations.

Release. For (a) Each Borrower hereby acknowledges and agrees that: (i) no Borrower has any claim or cause of action against the Lender (or any of its Affiliates or its or their officers, directors, employees, managers, members, partner, shareholders, attorneys or consultants) in connection with the Loan Documents and (ii) the Lender has heretofore properly performed and satisfied in a timely manner all of its obligations to Borrower under the Loan Agreement and the other Loan Documents that are required to have been performed on or prior to the date hereof. Notwithstanding the foregoing, the Lender wishes (and Borrower agrees) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of the Lender’s rights, interests, security and/or remedies under the Loan Agreement and the other Loan Documents. Accordingly, for and in consideration of the agreements contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby, Borrower (for itself and its successors each other Borrower and the successors, assigns, fully heirs and without reserverepresentatives of each of the foregoing) (collectively, releasesthe “Releasors”) does hereby fully, acquitsfinally, unconditionally and irrevocably release and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent discharge Lender and each of its Affiliates and its and their respective successors and permitted assignsmanagers, members, partners, officers, directors, employees, representativesshareholders attorneys and consultants in their capacities as or for the Lender (collectively, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actionsdebts, claims, obligations, damages, costs, attorneys’ fees, suits, demands, liabilities, actions, proceedings and causes of action, judgmentsin each case, executionswhether known or unknown, suits, debts, liabilities, costs, damages, expenses contingent or other obligations of any kind and nature whatsoeverfixed, direct and/or or indirect, at and of whatever nature or description, and whether in law or in equity, whether under contract, tort, statute or otherwise, which any Releasor has heretofore had or now existing or hereafter assertedcan, whether absolute shall or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “may have against any Released Claims”), for or because Party by reason of any matters act, omission or things occurring, existing thing whatsoever done or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of of, connected with or in any way connected related to any of this Amendment, the Credit Agreement, Loan Agreement or any other Loan Document, or any act, event or transaction related or attendant thereto, or the agreements of the transactions contemplated hereby Lender contained therein, or thereby (collectivelythe possession, use, operation or control of any of the “Released Matters”); provided thatassets of any Borrower, for or the avoidance making of doubtany Loans or other Advances, it is understood and agreed by or the parties hereto with respect to management of such Loans or Advances or the Released Claims and the Released Matters that no Loan Party is releasingCollateral, acquittingin each case, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, solely to the extent such defenses are expressly provided in Sections 10.04 of arising from any act, omission or thing whatsoever done or omitted to be done on or prior to the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsThird Amendment Effective Date.

Release. For good and valuable consideration(a) Effective as of the Closing, the receipt and sufficiency of which are hereby acknowledged, each Loan Party herebySeller, for itself and on behalf its successors and assignsAffiliates, fully and without reserve, releases, acquits, hereby releases and forever discharges each Lenderthe Companies and their directors, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assignsmanagers, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) Affiliates from any and all actionsany rights, claimsClaims, demands, causes of actiondebts, judgmentsLosses, executionscosts, expenses, attorneys’ fees, obligations, promises, covenants, agreements, contracts, charges, suits, debtsproceedings, liabilities, costs, damages, expenses actions or other obligations causes of actions of any kind and nature whatsoeverkind, direct and/or indirectknown or unknown, suspected or unsuspected, at law or in equity, whether now existing that the Seller or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Partiesits Affiliates now has, in each case, on has ever had or may hereafter have against any such released party arising contemporaneously with or prior to the date hereof and are Closing or on account of or arising out of any matter, cause or event occurring contemporaneously with or prior to the Closing; provided, however, that nothing contained in this Section 13.12 shall operate to release any way directly or indirectly claim by the Seller arising out of or in any way connected relating to any this Agreement. (b) Effective as of this Amendmentthe Closing, the Credit Purchaser, on behalf of the Companies, hereby releases and forever discharges the Seller and its directors, managers, officers, employees, agents, Subsidiaries and Affiliates from any and all any rights, Claims, demands, debts, Losses, costs, expenses, attorneys’ fees, obligations, promises, covenants, agreements, contracts, charges, suits, proceedings, actions or causes of actions of any kind, known or unknown, suspected or unsuspected, at law or in equity, that the Companies now have, have ever had or may hereafter have against any such released party arising contemporaneously with or prior to the Closing or on account of or arising out of any matter, cause or event occurring contemporaneously with or prior to the Closing; provided, however, that nothing contained in this Section 13.12 shall operate to release any claim by the Purchaser or its Affiliates (including, after the Closing, the Companies) arising out of or relating to this Agreement, any other Loan Document, the Transaction Documents or any claim relating to fraud, commission of a felony, gross negligence, willful misconduct or the transactions contemplated hereby breach of any employment agreements or thereby policies. (collectivelyc) The Seller, for itself and on behalf its Affiliates, on the one hand, and the Purchaser, for itself and on behalf of its Affiliates, on the other hand, waives any and all rights (to the extent permitted by Requirements of Law) that may have the effect of limiting the releases as set forth in this Section 13.12. In this regard, the “Released Matters”); provided thatSeller, for itself and on behalf its Affiliates, on the avoidance of doubtone hand, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasingPurchaser, acquittingfor itself and on behalf of its Affiliates, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may haveon the other hand, waives its rights, to the extent such defenses are expressly provided in Sections 10.04 permitted by Requirements of Law, to any benefits of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that provisions of Section 1542 of the agreements in this Section 14 are intended to cover and be in full satisfaction for all California Civil Code or any alleged injuries or damages arising in connection with other similar Requirements of Law that may have the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis effect of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of limiting the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence 13.12. Section 1542 of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsCalifornia Civil Code provides: [Signature page follows.]

Release. For good (a) From and valuable consideration, after the receipt and sufficiency of which are hereby acknowledgedClosing, each Loan Party herebySeller, for itself and its successors and assigns, fully and without reserve, releases, acquitsPurchaser, and the Acquired Company Entities, on behalf of themselves and each of their Affiliates, hereby release and forever discharges discharge each Lenderof Purchaser, Sellers and the Administrative Agent, each Issuing Bank, the Collateral Agent Acquired Company Entities and each of their respective successors Affiliates, and permitted assignsany individual, joint or mutual, past, present and future representatives, agents, financial advisors, attorneys, other consultants, employees, officers, directors, employeesmanagers, representativesstockholders, trusteespartners, attorneysmembers, agents controlling persons, subsidiaries, successors and affiliates assigns of any of the foregoing (collectively the “Released Parties” and individually individually, a “Released PartyReleasee” and, collectively, “Releasees”) ), from any and all actions, claims, demands, proceedings, causes of action, judgmentsorders, executionsobligations, suitscontracts, debtsagreements, liabilities, costs, damages, expenses or other obligations of any kind debts and nature liabilities whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDINGunknown, WITHOUT LIMITATIONsuspected or unsuspected, ANY OFFSETSboth at law and in equity, REDUCTIONSwhich such Seller, REBATEMENTPurchaser, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectivelyAcquired Company Entities or any of such Seller’s, the “Released Claims”)Purchaser’s, for or because of any matters or things occurring, existing or actions done, omitted to be doneand Acquired Company Entities’ respective Affiliates, or suffered to be done by any of the Released Partiestheir respective heirs, in each caseexecutors, on administrators or assigns, now has, has ever had, or may hereafter have against any Releasee arising contemporaneously with or prior to the date hereof and are in any way directly Closing Date or indirectly on account of or arising out of any matter, cause or in any way connected event occurring contemporaneously with or prior to any of this Amendment, the Credit Agreement, any other Loan Document, or any Closing Date (all of the transactions contemplated hereby or thereby (collectively, foregoing collectively referred to herein as the “Released MattersClaims”); provided thatprovided, for however, that nothing contained herein shall operate to release (i) any obligations of Sellers, Purchaser or the avoidance of doubtAcquired Company Entities under this Agreement or under any other Transaction Document executed and delivered to Sellers, it is understood and agreed Purchaser or the Acquired Company Entities by such other Party at the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising Closing in connection with the Released Matters herein compromised and settledTransactions, or (ii) any Claims for fraud, willful misconduct or criminal acts that Purchaser or the Acquired Company Entities may have against any Seller in his or her capacity as a director, officer or manager of the Acquired Company Entities. Each Loan Party hereby further agrees Seller, Purchaser, and the Acquired Company Entities represent that it will they have not ▇▇▇ made any Released Party on the basis assignment or transfer of any Released Claim releasedor other matter covered by this paragraph. Each Seller, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted withPurchaser, and has been represented byAcquired Company Entities hereby irrevocably covenants to refrain from, legal counsel directly or indirectly, asserting any Claim, or commencing, instituting, or causing to be commenced, any Action of any kind against any Releasee, based upon any matter released hereby. (b) Each Seller, Purchaser, and expressly disclaims any reliance on any representations, acts or omissions by any Acquired Company Entities hereby acknowledge and intend that this release shall be effective as a bar to each and every one of the Released Parties Claims hereinabove mentioned or implied. Each Seller, Purchaser, and hereby agrees Acquired Company Entities expressly consents that this release shall be given full force and acknowledges effect in accordance with each and every express term or provision, including those (i) relating to any Claims hereinabove mentioned or implied or (ii) relating to unknown and unsuspected Claims (notwithstanding any state statute that expressly limits the validity and effectiveness of the releases set forth herein do not depend in any way on any such representationsa general release of unknown, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement unsuspected and the other Loan Documents and payment in full of the Obligationsunanticipated Claims).

Release. For good and valuable consideration(a) Immediately upon the Closing, the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby, for itself Acquirer and its successors and assigns, Affiliates (including the Midstream Entities) hereby fully and without reserve, irrevocably releases, acquits, acquits and forever discharges each Lenderpast and current officer, the Administrative Agentdirector, each Issuing Bankpartner, the Collateral Agent general partner, limited partner, managing director, member, stockholder, trustee, representative, employee, principal and agent of Contributor GP and each of the Midstream Entities (solely in their respective successors and permitted assignscapacity as such, officerscollectively, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actionsLosses, claims, demands, causes rights, encumbrances, covenants or proceedings, of actionwhatever kind or nature in law, judgments, executions, suits, debts, liabilities, costs, damages, expenses equity or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputedotherwise, whether known or unknown (INCLUDINGunknown, WITHOUT LIMITATIONand whether or not concealed or hidden, ANY OFFSETSall of which any Midstream Entity now owns or holds or has at any time owned or held or may hereafter own or hold against any Released Party at any time, REDUCTIONSwhich arise out actions taken or omission made, REBATEMENTprior to the Closing Date, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectivelyin respect of the business, the “Released Claims”), for or because affairs and governance and management of any matters Midstream Entity; provided that the parties acknowledge and agree that this Section 9.8(a) does not constitute a release of any claim resulting from the willful misconduct or things occurringfraudulent act by a Released Party. (b) Acquirer hereby irrevocably covenants to refrain from, existing and to cause its Affiliates to refrain from, directly or actions doneindirectly, omitted asserting any claim or demand, or commencing, instituting or causing to be donecommenced, or suffered to be done by any proceeding of any kind against the Released Parties, in each case, on or prior based upon any matter purported to the date hereof and are be released hereby. (c) Without in any way limiting any of the rights and remedies otherwise available to the Released Parties, Acquirer shall indemnify and hold harmless each Released Party from and against all Losses and claims, whether or not involving Third Party Claims, arising directly or indirectly arising out of from or in any way connected to any connection with (i) the assertion by or on behalf of this Amendment, the Credit Agreement, any other Loan Document, Acquirer or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis its Affiliates of any Released Claim released, remised and discharged by the Loan Parties claim or other matter purported to be released pursuant to this Section 14. In entering into this Amendment9.8 and (ii) the assertion by any Third Party of any claim or demand against any Released Party, each Loan Party consulted which claim or demand arises directly or indirectly from, or in connection with, and has been represented by, legal counsel and expressly disclaims any reliance assertion by or on any representations, acts behalf of the Acquirer or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness its Affiliates against such Third Party of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions claims or the accuracy, completeness or validity hereof. The provisions of other matters purported to be released pursuant to this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligations9.8.

Release. For good and valuable considerationExcept to the extent of Claims against the Port, the receipt City, or JEPA arising from any breach by the Port, the City and/or the JEPA, as applicable of its respective covenants and sufficiency obligations expressly provided in any Convention Center Lease or the Project Implementation Agreement, or the Port’s representation and warranty set forth in Section 22.4.2 of which are hereby acknowledgedthe Ground Lease or Section 18(d)(ii) of the Site Lease, each Loan Party herebyRIDA, for itself and on behalf of RIDA, its successors and assigns, hereby fully and without reserve, forever releases, acquitsacquits and discharges the Public Entity Parties of and from, and hereby fully, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent waives and each of their respective successors and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from agrees not to assert any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature Claims whatsoever, whether known or unknown, direct and/or or indirect, at law foreseeable or in equityunforeseeable, whether now existing or hereafter asserted, whether absolute or contingent, whether due that any RIDA Party, Hotel Operator or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of RIDA’s successors or assigns now has or may have or which may arise or be asserted in the Released Partiesfuture arising out of, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of indirectly, or in any way connected to with: (i) any act or omission of this Amendmentthe Port, the Credit AgreementCity, or JEPA (or any Person acting for or on behalf of the Port, the City, or JEPA or for whose conduct the Port, the City, or JEPA may be liable), whether or not such act be the active, passive or sole negligence of the Port, the City, or JEPA (or any Person acting for or on behalf of the Port, the City or JEPA or for whose conduct the Port, the City or JEPA may be liable), in connection with their prior ownership, maintenance, operation or use of the Site; (ii) any condition of environmental contamination or pollution at the Site (including, without limitation, any Pre-Existing Hazardous Material or other Loan Documentcontamination or pollution of any soils, subsoil media, surface waters or ground waters at the Site and any of clean-up or abatement order effecting the transactions contemplated hereby or thereby (collectively, the “Released Matters”Site); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, (iii) to the extent such defenses are expressly provided not already included in Sections 10.04 clause (ii) above, the prior, present or future existence, release or discharge, or threatened release, of any Hazardous Materials at the Site (including, without limitation, the release or discharge, or threatened release, of any Hazardous Materials into the air at the Site or into any soils, subsoils, surface waters or ground waters at the Site); (iv) the violation of, or noncompliance with, any Environmental Law or other applicable Law now or hereafter in effect, however and whenever occurring; (v) the condition of the Credit Agreement. Each Loan Partysoil and groundwater at the Site; (vi) the Condition of the Site, by execution hereofincluding, hereby acknowledges and agrees that without limitation, the agreements in this Section 14 are intended to cover and be in full satisfaction for all or condition of any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party improvements located on the basis Site including, without limitation, the structural integrity and seismic compliance of such improvements; (vii) any Released Claim releasedmatters which would be shown on an accurate ALTA land survey of the Site (including, remised without limitation, all existing easements and discharged by encroachments, if any); (viii) all applicable Laws now or hereafter in effect; (ix) matters which would be apparent from a visual inspection of the Loan Parties pursuant Site; or (x) to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions the extent not already covered by any of the Released Parties and hereby agrees and acknowledges that foregoing clauses (i) through (ix) above, the validity and effectiveness use, maintenance, development, construction, ownership or operation of the releases set forth herein do not depend in Site by the Port, the City, or JEPA (or any way Person acting for or on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence behalf of the termination of this AmendmentPort, the Credit Agreement and City or JEPA or for whose conduct the other Loan Documents and payment Port, the City or JEPA may be liable) or any predecessor(s)-in-interest in full the Site of the ObligationsPort, the City, or JEPA.

Release. For good and valuable consideration, the receipt and sufficiency of which are (a) Borrower hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, releases and forever discharges each LenderLender and its parents, the Administrative Agentsubsidiaries and affiliates, each Issuing Bankpast or present, the Collateral Agent and each of them, as well as their respective successors and permitted assignsdirectors, officers, directorsagents, servants, employees, shareholders, representatives, trustees, attorneys, agents administrators, executors, heirs, assigns, predecessors and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any successors in interest, and all actionsother persons, claimsfirms or corporations with whom any of the former have been, demandsare now, causes or may hereafter be affiliated, and each of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) them (collectively, the “Released Releasees”), from and against any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action in law or equity, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, fixed or contingent, suspected or unsuspected by Borrower, and whether concealed or hidden (collectively, “Claims”), for which Borrower now owns or because holds or has at any time heretofore owned or held, which are based upon or arise out of or in connection with any matters matter, cause or things occurring, thing existing at any time prior to the date hereof or actions anything done, omitted to be done, or suffered to be done by or omitted at any of the Released Parties, in each case, on or time prior to the date hereof and are in any way directly connection with the Loan Agreement or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby Documents (collectively, collectively the “Released Matters”); provided that. (b) Borrower represents, for the avoidance of doubtwarrants and agrees, that in executing and entering into this release, it is understood not relying and agreed have not relied upon any representation, promise or statement made by anyone which is not recited, contained or embodied in this Amendment, the parties hereto Loan Agreement or the other Loan Documents. Borrower has reviewed this release with respect Borrower’s legal counsel, and understands and acknowledges the significance and consequence of this release and of the specific waiver thereof contained herein. Borrower understands and expressly assumes the risk that any fact not recited, contained or embodied therein may turn out hereafter to be other than, different from, or contrary to the Released Claims facts now known to Borrower or believed by Borrower to be true. Nevertheless, Borrower intends by this release to release fully, finally and the forever all Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements this release shall be effective in this Section 14 are intended all respects notwithstanding any such difference in facts, and shall not be subject to cover termination, modification or rescission by reason of any such difference in facts. (c) Borrower, on behalf of itself and be in full satisfaction for all or any alleged injuries or damages arising in connection its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees each Releasee that it will not ▇▇▇ (at law, in equity, in any Released Party regulatory proceeding or otherwise) any Releasee on the basis of any Released Claim Claims released, remised and discharged by the Loan Parties Borrower pursuant to this Section 149. In entering into this AmendmentIf Borrower violates the foregoing covenant, each Loan Party consulted withBorrower agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions costs incurred by any Releasee as a result of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligationsviolation.

Release. For good and valuable consideration, In consideration of the receipt and sufficiency of which are hereby acknowledgedmutual promises contained herein, each Loan Party herebyParty, for itself and for each of its successors Affiliates, hereby generally, irrevocably, unconditionally and assigns, fully and without reserve, releases, acquits, completely releases and forever discharges each Lenderthe other Party, the Administrative Agentsuch other Party’s Affiliates, each Issuing Bank, the Collateral Agent and each of its and their respective successors and permitted assigns, officers, directors, stockholders, agents, employees, representativesheirs, trusteesadministrators, attorneysexecutors, agents predecessors, successors and affiliates assigns (collectively hereinafter, the “Released Parties” ”) from, and individually hereby irrevocably, unconditionally and completely waives and relinquishes, each of such Party’s Released Claims. The Parties acknowledge they are aware that they may hereafter discover facts in addition to or different from those now known or believed to be true with respect to the subject matter of this release, but that it is their intention to hereby fully, finally and forever settle and release all such claims, disputes and differences, known or unknown, suspected or unsuspected, that now exist or heretofore have existed between the Parties and that in furtherance of such intention, this release shall remain in effect as a full and complete release notwithstanding the discovery or existence of any such additional or different facts. The term “Released Claims,” when used herein with respect to a Party”) from any , shall mean and all actionsinclude each and every claim, claimscharge, demandscomplaint, causes demand, action, cause of action, judgmentssuit, executionsright, suitsdebt, debtssum of money, liabilitiescost, reckoning, covenant, contract, agreement, promise, doing, omission, damage, execution, obligation, liability, and expense (including attorneys’ fees and costs), damages, expenses or other obligations of any every kind and nature whatsoevernature, direct and/or indirect, whether at law or in equity, whether that such Party may have had in the past, may now existing have or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, may have in the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of future against the Released Parties, in each caseand which has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any circumstance, agreement, activity, action, omission, event or matter occurring or existing on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, Effective Date to the extent such defenses are expressly provided in Sections 10.04 claim relates to or arises under the Collaboration Agreement; provided, however, that the Released Claims shall exclude: (1) any and all rights to seek and obtain indemnification under this letter agreement and the Collaboration; and (2) any and all rights to seek and obtain enforcement of, or a remedy arising out of the Credit Agreement. Each Loan Partybreach of, by execution hereof, hereby acknowledges and agrees that the agreements any obligation provided for in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligationsletter agreement.

Release. For (a) Each Borrower hereby acknowledges and agrees that: (i) no Borrower has any claim or cause of action against the Lender (or any of its Affiliates or its or their officers, directors, employees, managers, members, partner, shareholders, attorneys or consultants) in connection with the Loan Documents and (ii) the Lender has heretofore properly performed and satisfied in a timely manner all of its obligations to Borrower under the Loan Agreement and the other Loan Documents that are required to have been performed on or prior to the date hereof. Notwithstanding the foregoing, the Lender wishes (and Borrower agrees) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of the Lender’s rights, interests, security and/or remedies under the Loan Agreement and the other Loan Documents. Accordingly, for and in consideration of the agreements contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby, Borrower (for itself and its successors each other Borrower and the successors, assigns, fully heirs and without reserverepresentatives of each of the foregoing) (collectively, releasesthe “Releasors”) does hereby fully, acquitsfinally, unconditionally and irrevocably release and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent discharge Lender and each of its Affiliates and its and their respective successors and permitted assignsmanagers, members, partners, officers, directors, employees, representativesshareholders attorneys and consultants in their capacities as or for the Lender (collectively, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actionsdebts, claims, obligations, damages, costs, attorneys’ fees, suits, demands, liabilities, actions, proceedings and causes of action, judgmentsin each case, executionswhether known or unknown, suits, debts, liabilities, costs, damages, expenses contingent or other obligations of any kind and nature whatsoeverfixed, direct and/or or indirect, at and of whatever nature or description, and whether in law or in equity, whether under contract, tort, statute or otherwise, which any Releasor has heretofore had or now existing or hereafter assertedcan, whether absolute shall or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “may have against any Released Claims”), for or because Party by reason of any matters act, omission or things occurring, existing thing whatsoever done or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of of, connected with or in any way connected related to any of this Amendment, the Credit Agreement, Loan Agreement or any other Loan Document, or any act, event or transaction related or attendant thereto, or the agreements of the transactions contemplated hereby Lender contained therein, or thereby (collectivelythe possession, use, operation or control of any of the “Released Matters”); provided thatassets of any Borrower, for or the avoidance making of doubtany Loans or other Advances, it is understood and agreed by or the parties hereto with respect to management of such Loans or Advances or the Released Claims and the Released Matters that no Loan Party is releasingCollateral, acquittingin each case, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, solely to the extent such defenses are expressly provided in Sections 10.04 of arising from any act, omission or thing whatsoever done or omitted to be done on or prior to the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsFourth Amendment Effective Date.

Release. For good and valuable consideration(a) Upon the Reinsurer’s payment of the Commutation Amount to the Company, the receipt and sufficiency Company, on behalf of which are hereby acknowledged, each Loan Party hereby, for itself and its successors shareholders, parents, affiliates and assignssubsidiaries, fully and without reservetheir respective officers, releasesdirectors, acquitsand employees, hereby irrevocably and unconditionally releases and forever discharges each Lenderthe Reinsurer, the Administrative Agentits parents, each Issuing Banksubsidiaries and affiliates, the Collateral Agent and each of their respective successors and permitted predecessors, successors, assigns, officers, directors, agents, employees, shareholders, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) attorneys from any and all present and future actions, claims, demands, causes of action, judgmentssuits, executionsdebts, liens, contracts, rights, agreements, obligations, promises, liabilities, claims, counterclaims, demands, damages, controversies, losses, costs and expenses (including attorneys’ fees and costs actually incurred) of any kind, character, description or nature whatsoever, known or unknown to either or both Parties, suspected or unsuspected, reported or unreported, fixed or contingent, which the Company now has, owns or holds or claims to have, own, or hold, or at any time heretofore had, owned, or held or claimed to have had, owned, or held, or may hereafter have, own, or hold or claim to have, own, or hold, arising out of conduct or matters occurring on, prior to or subsequent to the Effective Date, against the Reinsurer, arising directly or indirectly out of, based upon, or in any way related to or in connection with the Reinsurance Agreement and/or the individual risk cessions thereunder, whether grounded in law or equity, or sounding in tort or contract or otherwise; provided, however, that the provisions of this Article II(a) shall not discharge obligations of the Reinsurer, which have been undertaken or imposed by the express terms of this Agreement or the Master Transaction Agreement (including the Ancillary Agreements). (b) Contemporaneous with the payment of the Commutation Amount to the Company, the Reinsurer, on behalf of itself and its shareholders, parents, affiliates and subsidiaries, and their respective officers, directors and employees, hereby irrevocably and unconditionally releases and forever discharges the Company, its shareholders, parents, subsidiaries and affiliates, and their respective predecessors, successors, assigns, officers, directors, agents, employees, shareholders, representatives, and attorneys from any and all present and future actions, causes of action, suits, debts, liens, contracts, rights, agreements, obligations, promises, liabilities, costsclaims, counterclaims, demands, damages, controversies, losses, costs and expenses or other obligations (including attorneys’ fees and costs actually incurred) of any kind and kind, character, description or nature whatsoever, direct and/or indirectknown or unknown to either or both Parties, at law suspected or in equityunsuspected, whether now existing reported or hereafter assertedunreported, whether absolute fixed or contingent, whether due which the Reinsurer now has, owns, holds or claims to become duehave, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be doneown, or suffered hold, or at any time heretofore had, owned, or held or claimed to be done by any have had, owned, or held, or may hereafter have, own, or hold or claim to have, own, or hold, arising out of the Released Partiesconduct or matters occurring on, in each case, on or prior to or subsequent to the date hereof and are in any way Effective Date, against the Company, arising directly or indirectly arising out of of, based upon, or in any way connected related to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on Reinsurance Agreement and/or the basis of any Released Claim releasedindividual risk cessions thereunder, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendmentwhether grounded in law or equity or sounding in tort or contract or otherwise; provided, each Loan Party consulted withhowever, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 Article II(b) shall survive the occurrence not discharge obligations of the termination Company, which have been undertaken or imposed by the express terms of this AmendmentAgreement or the Master Transaction Agreement (including the Ancillary Agreements). (c) The Parties understand that it is possible that unknown losses or claims may exist, or that present or future losses or claims may be underestimated in amounts or severity. Furthermore, the Credit Parties expressly accept and assume the risk that the factual or legal assumptions made by any Party in connection with this Agreement may be found hereafter to be different from the true facts or law, and the other Loan Documents Parties agree that this Agreement shall be and payment shall remain in full force and effect notwithstanding such differences in facts or law. Each Party expressly takes all of the Obligationsforegoing into account in determining the amount of consideration to be given and paid for the giving of this Agreement, and a portion of the said consideration, having been bargained for between the Parties with the knowledge of the possibility of such unknown losses and claims, is given in exchange for the full accord, satisfaction and discharge of all such losses and claims. (d) Full payment of the Commutation Amount shall be in complete accord, satisfaction, settlement and commutation of any and all past, current and future liabilities and obligations that each Party owes or may owe to the other arising directly or indirectly out of or related to or in connection with the Reinsurance Agreement and/or the individual risk cessions thereunder and that upon payment of the Commutation Amount, the Reinsurance Agreement shall be terminated as of the Effective Date and neither Party shall have any further obligation or liability to the other Party under the Reinsurance Agreement and/or the individual risk cessions thereunder.

Release. For (a) As an inducement to Buyer to enter into this Agreement and any agreements ancillary hereto to which it will be a party and consummate the transactions contemplated hereby and thereby and for other good and valuable sufficient consideration, the receipt and sufficiency Seller, with the intention of which are hereby acknowledged, each Loan Party hereby, for binding itself and its successors any other Person to the extent claiming through the Seller (including the Seller’s Affiliates, Representatives, heirs, executors, administrators and assigns) (the “Releasors”), fully does hereby (effective as of and without reservesubject to the Closing) unconditionally and irrevocably release, releases, acquits, acquit and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent discharge Buyer and each of their respective successors its past, present and permitted assignsfuture Affiliates and Representatives, officersincluding the Company, directorsand all Persons acting by, employeesthrough, representativesunder, trustees, attorneys, agents and affiliates or in concert with any of such Persons (collectively the “Released Parties” Releasees”), of and individually a “Released Party”) from any and all actions, claims, demandsActions, causes of action, judgmentssuits, executionsarbitrations, suitsother proceedings, demands, debts, liabilitiesContracts, costspromises, damages, expenses or other obligations Liabilities and Losses of any kind and nature whatsoever, direct and/or indirectknown or unknown, at law suspected or in equityunsuspected, whether now existing or hereafter asserted, whether absolute fixed or contingent, whether due direct, derivative, vicarious or to become dueotherwise, whether disputed based in contract, tort, or undisputedother legal, whether known statutory, or unknown (INCLUDINGequitable theory of recovery, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) each as though fully set forth at length herein (collectively, the a “Released ClaimsClaim”), for which the Releasors now have or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of may hereafter have against the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan DocumentReleasees, or any of them, by reason of any matter, cause, act, omission or thing whatsoever in any way arising out of, based upon, or relating to the transactions contemplated hereby Seller’s ownership of Sale Shares, the organization of the Company, or thereby the operation of the Company’s business prior to the Closing (collectively, the “Released Matters”); provided thatprovided, for however, that nothing set forth in this Section 8.9 shall release or otherwise affect (i) the avoidance right or ability of doubt, any the Seller to fully enforce its rights and remedies under this Agreement or any ancillary agreements hereto to which it is understood a party in accordance with the terms hereof and agreed thereof, (ii) the right of any Releasor to indemnification or insurance benefits under any insurance policy in effect as of the date hereof maintained by or covering the parties hereto Company or its operations, or from the Company (under its Constitutive Documents or under a Contract), with respect to such Releasor’s service as a director, officer, employee or agent of the Released Claims Company, (iii) the right of any Releasor to unpaid compensation or other payment for services as an employee of or independent contractor to the Company or to receive benefits under any Company Plan, (iv) any rights of any Releasor arising from or related to fraud or criminal activity committed by any Releasee, (v) any rights of a Releasor in respect of any unknown claims that a Releasor may have arising out of any contractual or commercial relationship such Releasor may have with a Releasee other than the Company that is unrelated to this Agreement or the transactions contemplated hereby, or (vi) any rights of any Releasor that, under applicable Law, cannot be waived. The Seller expressly consents that this general release shall be given full force and the effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Released Matters (notwithstanding any Law that expressly limits the effectiveness of a general release of unknown, unsuspected or unanticipated Claims). (b) The Seller represents and warrants to Buyer that there has been no Loan Party is releasing, acquitting, waiving assignment or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis other transfer of any Released interest in any Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts arising out of or omissions by based upon any of the Released Parties and hereby agrees and acknowledges that Matters which the validity and effectiveness Seller may have against any of the releases set forth herein do Releasees, and the Seller agrees to indemnify and hold the Releasees harmless from, and compensate and reimburse them for, any Liabilities, Claims or Losses incurred as a result of any Person asserting any such assignment or transfer of any rights or Claims under any such assignment or transfer from such party. (c) The Seller represents and warrants to Buyer that neither it nor its Affiliates has filed, and the Seller shall not, and shall cause its Affiliates not depend to, file or otherwise seek to assert or assist any other Person in filing or otherwise seeking to assert, nor as of the date hereof has, any Claim arising out of or based upon any of the Released Matters against any of the Releasees. The Seller agrees that if it hereafter commences, joins in, or in any way on manner seeks relief through any such representationsAction arising out of, acts and/or omissions based upon, or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence relating to any of the termination Claims released hereunder, or in any manner asserts against the Releasees any of this Amendmentthe Claims released hereunder, including through any motion to reconsider, reopen or appeal the Credit Agreement dismissal of the Action, and the other Loan Documents and payment Releasees are the prevailing party in full of such Action, then the ObligationsSeller shall pay to the Releasees against whom such Claim(s) is asserted all Losses incurred by such Releasees in defending or otherwise responding to such Claim.

Release. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby(a) Borrower, for itself and on behalf of its respective successors and assigns, fully and without reservedoes hereby release, releases, acquits, acquit and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral discharge Agent and each the Lenders, all of their respective successors predecessors in interest, and permitted assigns, all of their respective past and present officers, directors, employees, representatives, trustees, attorneys, agents affiliates, employees and affiliates (collectively the “Released Parties” agents, of and individually a “Released Party”) from any and all actions, claims, demands, obligations, liabilities, indebtedness, breaches of contract, breaches of duty or of any relationship, acts, omissions, misfeasance, malfeasance, causes of action, judgmentsdefenses, executions, suitsoffsets, debts, liabilitiessums of money, accounts, compensation, contracts, controversies, promises, damages, costs, damageslosses and expenses, expenses of every type, kind, nature, description or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputedcharacter, whether known or unknown unknown, suspected or unsuspected, liquidated or unliquidated, each as though fully set forth herein at length (INCLUDINGeach, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (a “Released Claim” and collectively, the “Released Claims”), for that have occurred on or because before the later of: (i) the date this Modification becomes effective through the satisfaction (or waiver) of any matters all conditions hereto; or things occurring(ii) the date that Borrower has executed and delivered this Modification to Agent (hereafter, existing or actions donethe “Release Date”) that Borrower ever had from the beginning of the world, omitted to be donenow has, or suffered might hereafter acquire, including without limitation, those Released Claims in any way arising out of, connected with or related to be done any and all prior credit accommodations, if any, provided by Agent or any of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan DocumentLenders, or any of their respective predecessors in interest, to Borrower, and any agreements, notes or documents of any kind related thereto or the transactions contemplated thereby or hereby, or any other agreement or document referred to herein or therein. (b) Borrower hereby acknowledges, represents and warrants to Agent and the Lenders that it agrees to assume the risk of any and all unknown, unanticipated or thereby (collectively, the “misunderstood defenses and Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed Claims which are released by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive 8 in favor of Agent and the occurrence Lenders, and Borrower hereby waives and releases all rights and benefits which it might otherwise have under any state or local laws or statutes with regard to the release of such unknown, unanticipated or misunderstood defenses and Released Claims. Without limiting the generality of the termination foregoing, as to each and every claim released hereunder, Borrower hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: (c) “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER, MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.” (d) Each person signing below on behalf of Borrower acknowledges that he or she has read each of the provisions of this AmendmentSection 8. Each such person fully understands that this Section 8 has important legal consequences, and each such person realizes that they are releasing any and all Released Claims that Borrower may have or may hereafter acquire. Borrower hereby acknowledges that it has had an opportunity to obtain a lawyer's advice concerning the Credit Agreement and the other Loan Documents and payment in full legal consequences of each of the Obligationsprovisions of this Section 8. (e) Borrower hereby specifically acknowledges and agrees that: (i) none of the provisions of this Section 8 shall be construed as or constitute an admission of any liability on the part of Agent or any Lender; (ii) the provisions of this Section 8 shall constitute an absolute bar to any Released Claim of any kind, whether any such Released Claim is based on contract, tort, warranty, mistake or any other theory, whether legal, statutory or equitable; and (iii) any attempt to assert a Released Claim barred by the provisions of this Section 8 shall subject Borrower to the provisions of applicable law setting forth the remedies for the bringing of groundless, frivolous or baseless claims or causes of action.

Release. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each LenderSecured Party, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their its respective successors and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof Effective Date and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 11 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 1411. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims disclaim any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 11 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligations.

Release. For good and valuable considerationEffective at the Closing, the receipt and sufficiency of which are hereby acknowledged, each Loan Party herebySeller, for itself and its Affiliates and the respective heirs, executors, beneficiaries, administrators, successors and assignsassigns of each of the foregoing (each, fully a “Releasor” and without reservecollectively, releasesthe “Releasors”), acquits, hereby irrevocably and unconditionally release and forever discharges each Lenderdischarge Purchaser, the Administrative AgentAcquired Companies, each Issuing Bank, the Collateral Agent of their respective Affiliates and each of their respective successors and permitted assigns, their respective Affiliates’ present and former officers, directors, managers, equityholders, members, employees, representativesagents, trusteesRepresentatives, attorneyssuccessors and assigns of each of the foregoing (collectively, agents and affiliates (collectively the “Released Parties” and individually a “Released PartyReleasees”) ), from any and all actionsclaims, claimssuits, demands, causes of action, judgmentscontracts, executionsagreements, suitscovenants, obligations, debts, liabilities, costs, damagesexpenses, expenses attorney’s fees, and other liabilities of whatever kind or other obligations of any kind and nature whatsoevernature, direct and/or indirect, at in law or in equity, by statute or otherwise, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown unknown, vested or contingent or suspected or unsuspected, (INCLUDING“Claims”), WITHOUT LIMITATIONwhich such Releasor now has, ANY OFFSETShas ever had or may hereafter have against any of the Releasees arising out of any matter, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) cause or event occurring contemporaneously with or prior to the Closing relating to the Business or the Acquired Companies (collectively, the “Released Claims”). Each Releasor hereby irrevocably consents to refrain from, for directly or because indirectly, asserting any Released Claim or commencing, instituting or causing to be commenced any lawsuit of any matters kind against any Releasee based upon any matter released hereby. Notwithstanding the foregoing, nothing contained in this Section 7.9 will operate to waive or things occurringrelease any Claims, existing whether known or actions doneunknown, omitted to be donesuspected or unsuspected, matured or suffered to be done by any of the Released Partiesunmatured, in each case, on or prior to the date hereof and are in any way directly or indirectly whether arising out of at law or in equity that any way connected to any of Releasor has under this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby agreements, certificates or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided other documents entered into in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted accordance with, and has been represented byor pursuant to, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsAgreement.

Release. For good Each Loan Party hereby acknowledges and valuable considerationagrees that, through the date hereof, each Lender, each of the Administrative Agent, the receipt Collateral Agent, the Blackstone Representative and sufficiency of which are the Ally Representative, has acted in good faith and has conducted itself in a commercially reasonable manner in its relationships with such Loan Party in connection with the Existing Credit Agreement (as amended hereby), and the other Loan Documents, and each Loan Party hereby acknowledgedwaives and releases any claims to the contrary with respect to the period through the date hereof to the maximum extent permitted by law, each Loan Party hereby, for itself hereby unconditionally and its successors and assigns, fully and without reserve, irrevocably releases, acquits, acquits and forever discharges each Lender, the Administrative Agent, each Issuing Bankthe Collateral Agent, the Collateral Agent Blackstone Representative and each of the Ally Representative as well as their respective successors affiliates, and permitted assigns, their respective officers, directors, employees, representatives, trusteesagents, attorneys, agents advisors, successors and affiliates (collectively the “Released Parties” assigns, both present and individually a “Released Party”) former, from any and all actions, claims, demands, causes of actionobligations, judgments, executions, suits, debtsduties, liabilities, costsdamages (including special, punitive, indirect and/or consequential damages), expenses or other obligations expenses, claims of any kind and nature whatsoeveroffset, direct acts, omissions, losses and/or indirectdefenses, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters accrued or things occurring, existing or actions done, omitted to be done, or suffered to be done by any not accrued as of the Released Partiesdate hereof, in each case, on or prior with respect to (i) this Amendment and the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Existing Credit Agreement, any the other Loan Document, or any of Documents and the transactions contemplated hereby or thereby and thereby, (collectivelyii) each Lender’s and the Administrative Agent’s, the “Released Matters”); provided thatCollateral Agent’s, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims Blackstone Representative’s and the Released Matters that no Loan Party is releasingAlly Representative’s acts, acquittingstatements, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may haveconduct, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges representations and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising omissions made in connection with the Released Matters herein compromised and settledtherewith, or (iii) any fact, matter, transaction or event relating thereto. Each Loan Party hereby further agrees acknowledges that it will has not ▇▇▇ relied upon any Released Party on the basis representation of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions kind made by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this AmendmentLender, the Credit Agreement Administrative Agent, the Collateral Agent, the Blackstone Representative and the other Loan Documents and payment Ally Representative or any affiliate or agent thereof in full of making the Obligationsforegoing release.

Release. For good and valuable considerationEffective as of the Closing, each Contributor, the receipt and sufficiency of which are hereby acknowledged, each Loan Party herebyManager, for itself and each of its successors Subsidiaries, and assignsthe REIT, fully for itself and without reserveeach of its Subsidiaries (each individually, releasesa "Releasing Party" and collectively, acquits"Releasing Parties"), in each case, releases and forever discharges each LenderContributor, the Administrative Agent, each Issuing Bank, Manager (including any officer or manager of the Collateral Agent Manager) and the REIT and each of their respective Subsidiaries and Affiliates, and each of their respective individual, joint or mutual, past, present and future Representatives, successors and permitted assignsassigns (individually, officersa "Releasee" and collectively, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”"Releasees") from any and all actions, claims, demands, Legal Proceedings, causes of actionaction and Orders that any Releasing Party now has, judgmentshas ever had or may hereafter have against the respective Releasees, executionsand from any and all obligations, suitsContracts, debts, liabilitiesliabilities and obligations that any Releasee now has, costs, damages, expenses has ever had or other obligations may hereafter have in favor of any kind and Releasing Party, in each case of any nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, (whether absolute or contingent, asserted or unasserted, known or unknown, primary or secondary, direct or indirect, and whether due or not accrued) arising contemporaneously with or before the Closing or on account of or arising out of any matter, cause or event occurring contemporaneously with or before the Closing, including any rights to become dueindemnification or reimbursement, whether disputed pursuant to their respective certificate of incorporation or undisputedby-laws (or comparable documents), Contract or otherwise and whether known or unknown not relating to claims pending on, or asserted after, the Closing (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTYin each case other than any obligations of a Releasee arising under this Agreement or under any Transaction Documents or as otherwise specifically provided in this Agreement or in any Transaction Documents) (collectively, the “"Released Claims”"); provided, for or because that the foregoing release shall not cover, and the Released Claims shall not include, claims arising from the Non-Released Matters. "Non-Released Matters" shall mean rights of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of Releasing Party (i) under this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided thatincluding, for the avoidance of doubt, it is understood under Article II, the Advisory Agreements or any documents or instruments executed in connection herewith and agreed by therewith, (ii) to accrued fees due, and reimbursements owed, under the parties hereto with Advisory Agreements and (iii) to claims, if any, against current or former employees of the Manager in respect of actions, or omissions to act, in each case prior to the Released Claims and Closing Date, that result in a claim for indemnity under the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 provisions of the Credit Management Agreement. Each Loan PartyEffective as of the Closing, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan each Releasing Party hereby further agrees that it will not ▇▇▇ irrevocably covenants to refrain from, directly or indirectly, asserting any claim or demand, or commencing, instituting or causing to be commenced, any Legal Proceeding of any kind against any Releasee, based upon any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsClaim.

Release. For good Each Credit Party forever releases, waives, and valuable considerationdischarges Lender, the receipt and sufficiency of which are hereby acknowledgedits Affiliates, each Loan Party herebytheir predecessors, for itself and its successors successors, and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, officers, directors, shareholders, employees, agents, representatives, trusteesand consultants (each, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all claims, actions, claimsinvestigations, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses and expenses, of whatever kind or other obligations of any kind nature and nature whatsoever, direct and/or indirecthowever characterized, at law or law, in equity, whether or otherwise, that any Credit Party has or may have against any Released Party, known or unknown, foreseen or unforeseen, now existing or hereafter assertedarising in the future, based in whole or in part on facts (whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”not now known), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to before the date hereof and are in any way directly hereof, that relate to or indirectly arising arise out of or in any way connected to any of this Amendment, the Credit AgreementModification, any other Loan Document, or any of the transactions contemplated hereby thereby, or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving any acts or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided omissions in Sections 10.04 of the Credit Agreementconnection therewith. Each Loan PartyCredit Party agrees not to assert any claim, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ ▇, or otherwise institute any court or other legal proceeding against any Released Party on the basis of any Released Claim released, remised and discharged that is covered by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representationsherein. FURTHER, acts and/or omissions or the accuracyEACH CREDIT PARTY EXPRESSLY WAIVES ANY PROVISION OF APPLICABLE LAW TO THE EFFECT THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WITH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN SUCH PARTY’S FAVOR AT THE TIME OF EXECUTING THE RELEASE, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this AmendmentWHICH, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsIF KNOWN BY SUCH PARTY, MUST HAVE MATERIALLY AFFECTED SUCH PARTY’S AGREEMENT WITH THE RELEASED PARTIES.

Release. For good and valuable considerationIn consideration of Lender's entering into this Amendment, the receipt and sufficiency of which are Borrower hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, unconditionally releases and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their its respective successors and permitted assignsdirectors, officers, directorsemployees, employeessubsidiaries, branches, affiliates, attorneys, agents, representatives, trusteessuccessors and assigns and all persons, attorneysfirms, agents corporations and affiliates organizations acting on any of their behalves (collectively collectively, the “"Released Parties” "), of and individually a “Released Party”) from any and all actions, claims, demandsallegations, causes of action, judgments, executions, suits, debts, costs or demands and liabilities, costsof whatever kind or nature, damages, expenses or other obligations from the beginning of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or the world to become due, whether disputed or undisputedthe date on which this Amendment is executed, whether known or unknown (INCLUDINGunknown, WITHOUT LIMITATIONliquidated or unliquidated, ANY OFFSETSfixed or contingent, REDUCTIONSasserted or unasserted, REBATEMENTforeseen or unforeseen, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectivelymatured or unmatured, suspected or unsuspected, anticipated or unanticipated, which any Borrower or any Subsidiary has, had, claims to have or to have had or hereafter claims to have or have had against the “Released Claims”), for or because Parties by reason of any matters act or things occurring, existing or actions done, omitted to be done, or suffered to be done by any omission on the part of the Released Parties, in each caseor any of them, on or prior to the date hereof and are in any way directly or indirectly arising out account of or in any way connected related to any of this Amendment, the Credit Loan Agreement, any other Loan Document, including the administration or any enforcement of the transactions contemplated hereby Loan Agreement occurring prior to the date on which this Amendment is executed, including all such loss or thereby damage of any kind heretofore sustained or that may arise as a consequence of the dealings among the parties up to and including the date on which this Amendment is executed (collectively, all of the “Released Matters”foregoing are the "Claims"); provided that, for the avoidance . Borrower represents and warrants that it has no knowledge of doubt, any claim by it is understood and agreed or by the parties hereto with respect to any Subsidiary against the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving Parties or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, facts or acts or omissions by any of the Released Parties which on the date hereof would be the basis of a Claim by it or by any Subsidiary or any other Loan Party against the Released Parties which is not released hereby, and hereby agrees Borrower represents and acknowledges warrants that the validity foregoing constitutes a full and effectiveness complete release of the releases set forth herein do not depend in all Claims by or on behalf of each Borrower and any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofSubsidiary. The provisions inclusion of a release provision in this Section 14 Amendment shall survive the occurrence of the termination of this Amendmentnot give rise to any inference that but for such release, the Credit Agreement and the other Loan Documents and payment in full of the Obligationsany Claim otherwise would exist.

Release. For good In further consideration of Administrative Agent’s and valuable considerationLenders’ execution of this Agreement, each Credit Party, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Credit Party and any debtor-in-possession with respect to such Credit Party), assigns, subsidiaries and Affiliates (collectively, the receipt and sufficiency of which are “Releasors”), hereby acknowledged, forever releases each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent Bank and each of Lender and their respective successors and permitted successors, assigns, parents, subsidiaries, Affiliates, officers, directors, employees, representatives, trustees, attorneysdirectors, agents and affiliates attorneys (collectively collectively, the “Released Parties” and individually a “Released PartyReleasees”) from any and all actionsdebts, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costsresponsibilities, disputes, causes, damages, expenses or other obligations actions and causes of any kind and nature whatsoever, direct and/or indirect, actions (whether at law or in equity) and obligations of every nature whatsoever, whether now existing liquidated or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputedunliquidated, whether known or unknown (INCLUDINGunknown, WITHOUT LIMITATIONwhether matured or unmatured, ANY OFFSETSwhether fixed or contingent that such Releasor has or may have against the Releasees, REDUCTIONSor any of them, REBATEMENTwhich arise from or relate to any actions which the Releasees, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectivelyor any of them, the “Released Claims”), for have or because of any matters may have taken or things occurring, existing or actions done, omitted to be done, take in connection with the Credit Agreement or suffered to be done by any of the Released Parties, in each case, on or other Credit Documents prior to the date hereof and are in (including, without limitation, with respect to the Obligations, any way directly or indirectly arising out of or in any way connected to any of this AmendmentCollateral, the Credit Agreement, any other Loan Credit Document, ) and any third parties liable in whole or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, in part for the avoidance Obligations. This provision shall survive and continue in full force and effect whether or not each Credit Party shall satisfy all other provisions of doubtthis Agreement or the other Credit Documents, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided including payment in Sections 10.04 full of the Credit Agreementall Obligations. Each Loan PartyReleasor understands, by execution hereof, hereby acknowledges and agrees that the agreements foregoing release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. Each Credit Party hereby agrees to indemnify and hold the Releasees, or any of them, harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of, arising from or relating to any proceeding by or on behalf of any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of any Credit Party or any parent, subsidiary or Affiliate of any Credit Party, whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation, common law principle or otherwise arising from or in connection with any matter which is the subject of the release set forth in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof9. The provisions of this Section 14 foregoing indemnity shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsObligations and the termination of this Agreement and the other Credit Documents.

Release. For good In exchange for the payment to Employee of the consideration described in Paragraph 1 of this Agreement, Employee hereby fully, forever, irrevocably and valuable consideration, the receipt unconditionally releases and sufficiency of which are hereby acknowledged, each Loan Party hereby, for itself discharges Employer and its successors Affiliates, including their past and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, present officers, directors, members, employees, representatives, trustees, attorneys, agents their representatives, and affiliates all persons acting by, through, under, or in concert with them (hereinafter collectively the referred to as “Released Parties” and individually a “Released PartyReleasees”) ), from any and all actionsclaims or damages which Employee has, claimshad, demandsor may have, causes arising out of actionany act, judgmentsevent, executionsor omission that relates to, suitsor arises out of, debtsEmployee’s employment with Employer or Employee’s separation therefrom, liabilitiesoccurring from the beginning of time to the Effective Date of this Agreement, costswhether now known or unknown, and whether asserted or unasserted. With full understanding of the rights afforded under these laws, Employee agrees not to file any charge, claim or other action against Employer and/or Releasees based upon any alleged violation of these laws and waives any right to assert a claim for relief available under these laws against Employer and/or Releasees including, but not limited to, back pay, front pay, attorneys’ fees, damages, expenses reinstatement, or other obligations injunctive relief. Employer, on behalf of itself and its Affiliates, including their past and present officers, directors, members, employees, attorneys, their representatives, and all persons acting by, through, under, or in concert with them, hereby fully, forever, irrevocably and unconditionally releases and discharges Employee from any and all claims or damages which Employer has, had, or may have, arising out of any kind and nature whatsoeveract, direct and/or indirectevent, at law or in equityomission that relates to, or arises out of, Employee’s employment with Employer or Employee’s separation therefrom, occurring from the beginning of time to the Effective Date of this Agreement, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted withunknown, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts whether asserted or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligationsunasserted.

Release. For good Each Credit Party hereby acknowledges and valuable consideration, agrees that: (i) neither it nor any of its Subsidiaries has any claim or cause of action against the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each or any Lender (or any of their respective successors and permitted assignsAffiliates, officers, directors, employees, representatives, trustees, attorneys, consultants or agents and affiliates (collectively in their capacities for the “Released Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, Agent or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising Lender) in connection with the Released Matters herein compromised Loan Documents and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on (ii) the basis Agent and each Lender has heretofore properly performed and satisfied in a timely manner all of any Released Claim released, remised and discharged by its obligations to the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Credit Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, their Subsidiaries under the Credit Agreement and the other Loan Documents that are required to have been performed on or prior to the date hereof. Notwithstanding the foregoing, the Agent and payment in full the Lenders wish (and the Credit Parties agree) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of the Obligations.Agent's and the Lenders' rights, interests, security and/or remedies under the Credit Agreement and the other Loan Documents. Accordingly, for and in consideration of the agreements contained in this Amendment and other good and valuable consideration, each Credit Party (for itself and its Subsidiaries and the successors, assigns, heirs and representatives of each of the foregoing) (collectively, the "Releasors") does hereby fully, finally, unconditionally and irrevocably release and forever discharge the Agent, each Lender and each of their respective Affiliates, officers, directors, employees, attorneys, consultants and agents in their capacities as the Agent or any Lender (collectively, the "Released Parties") from any and all debts, claims, obligations, damages, costs, attorneys' fees, suits, demands, liabilities, actions, proceedings and causes of action, in each case, whether known or unknown, contingent or fixed, direct or indirect, and of whatever nature or description, and whether in law or in equity, under contract, tort, statute or otherwise, which any Releasor has heretofore had or now or hereafter can, shall or may have against any Released Party by reason of any act, omission or thing whatsoever done or omitted to be done on or prior to the Ninth Amendment Effective Date arising out of, connected with or related in any way to this Amendment, the Credit Agreement or any other Loan Document, or any act, event or transaction related or attendant thereto, or the agreements of the Agent or any Lender contained therein, or the possession, use, operation or control of any of the assets of any Credit Party, or the making of any Loans or other advances, or the management of such Loans or advances or the Collateral prior to the Ninth Amendment Effective Date. Section 5

Release. For good and valuable consideration, the receipt and sufficiency (a) Purchaser on behalf of which are hereby acknowledged, each Loan Party hereby, for itself and its successors respective predecessors, successors, assigns and Affiliates (“Purchaser Releasors”) hereby irrevocably and unconditionally: (a) forever discharges, waives, relieves and releases Oramed and its Affiliates, subsidiaries and its and their respective predecessors, successors, assigns, fully Affiliates and without reserve, releases, acquits, present and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, former officers, directors, employeesagents, representatives, trustees, attorneys, agents employees and affiliates (collectively the “Released Parties” and individually a “Released Party”) representatives from any and all actions, suits, claims, demands, causes of action, judgmentsdemands, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown liabilities (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for whatsoever, of every name and nature, both at law and in equity, known or because of unknown, accrued or unaccrued that any matters Purchaser Releasor had, has or things occurringhereafter may have, existing which are related to or actions donearise from the issuance, omitted to be donepurchase, ownership, exercise or suffered to be done by any disposition or the terms or provisions of the Released Parties, in each case, on Subject Warrants or prior the Warrant Shares of or by Oramed (or any other agreement to which Oramed is a party relating to the date hereof Subject Warrants, including the Tranche A Note and are the SPA); (b) agrees not to (and to cause each Purchaser Releasor’s officers, directors, agents, employees and representatives not to), and hereby waives any right to, commence any Claim relating to, challenging the validity of or seeking to enjoin the operation or exercise of the Subject Warrants (or any provision thereof); and (c) waives and relinquishes all rights and benefits under applicable law, including any state law or any common law principles limiting waivers of unknown claims; provided that nothing contained in this Section 7 will operate to release Oramed from its obligations under this Agreement and the Assignment Forms. This Section 7 is a material inducement to the entrance by Oramed into this Agreement. Purchaser hereby agrees to indemnify and hold harmless Oramed against any way directly or indirectly arising Claims to which Oramed may become subject to insofar as such Claims arise out of or in are based upon any way connected misrepresentation of Purchaser or Purchaser’s failure to perform any of its covenants or agreements contained in this AmendmentAgreement. (b) Effective solely upon the Final Warrant Closing, the Credit AgreementOramed on behalf of itself and its respective predecessors, successors, assigns and Affiliates (“Oramed Releasors”) hereby irrevocably and unconditionally: (a) forever discharges, waives, relieves and releases Purchaser and its Affiliates, subsidiaries and its and their respective predecessors, successors, assigns, Affiliates and present and former officers, directors, agents, employees and representatives from any other Loan Documentand all Claims, whatsoever, of every name and nature, both at law and in equity, known or unknown, accrued or unaccrued that any of the transactions contemplated hereby Oramed Releasor had, has or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party hereafter may have, which are related to or arise from the issuance, purchase, ownership, exercise or disposition or the terms or provisions of the Subject Warrants or the Warrant Shares of or by Purchaser (or any other agreement to which Purchaser is a party relating to the extent such defenses are expressly provided in Sections 10.04 Subject Warrants, including the Tranche A Note and the SPA); (b) agrees not to (and to cause each Oramed Releasor’s officers, directors, agents, employees and representatives not to), and hereby waives any right to, commence any Claim relating to, challenging the validity of or seeking to enjoin the operation or exercise of the Credit Agreement. Each Loan PartySubject Warrants (or any provision thereof); and (c) waives and relinquishes all rights and benefits under applicable law, by execution hereof, hereby acknowledges and agrees including any state law or any common law principles limiting waivers of unknown claims; provided that the agreements nothing contained in this Section 14 are intended 7 will operate to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with release Purchaser from its obligations under this Agreement. This Section 7 is a material inducement to the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged entrance by the Loan Parties pursuant to this Section 14. In entering Purchaser into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsAgreement.

Release. For good (a) Effective on the date hereof, B▇▇▇▇▇▇▇, New Holdco and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party herebyGuarantor, for itself and on behalf of its successors and successors, assigns, fully and without reserveofficers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby waives, releases, acquits, remises and forever discharges Agent and each Lender, the Administrative Agenteach of their respective Affiliates, each Issuing Bank, the Collateral Agent and each of their respective successors in title, past and permitted assigns, present officers, directors, employees, representativeslimited partners, general partners, investors, attorneys, assigns, subsidiaries, shareholders, trustees, attorneys, agents and affiliates other professionals and all other persons and entities to whom any member of the Lenders would be liable if such persons or entities were found to be liable to Borrower or such Guarantor (collectively each a “Releasee” and collectively, the “Released Parties” and individually a “Released PartyReleasees”) ), from any and all actions, past and present claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, obligations, liabilities, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, losses, costs and expenses or other obligations of any kind and nature whatsoeveror character, direct and/or indirect, at law or whether based in equity, whether now existing law, contract, tort, implied or hereafter assertedexpress warranty, whether absolute strict liability, criminal or contingentcivil statute or common law (each a “Claim” and collectively, whether due or to become due, whether disputed or undisputedthe “Claims”), whether known or unknown (INCLUDINGunknown, WITHOUT LIMITATIONfixed or contingent, ANY OFFSETSdirect, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be doneindirect, or suffered to be done by any derivative, asserted or unasserted, matured or unmatured, foreseen or unforeseen, past or present, liquidated or unliquidated, suspected or unsuspected, which Borrower or such Guarantor ever had from the beginning of the Released Partiesworld, in each casenow has, on or prior to the date hereof and are in might hereafter have against any way such Releasee which relates, directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or to any acts or omissions of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto any such Releasee with respect to the Released Credit Agreement or any other Loan Document, or to the lender-borrower relationship evidenced by the Loan Documents, except for the duties and obligations set forth in this Amendment. As to each and every Claim released hereunder, B▇▇▇▇▇▇▇, New Holdco, and each Guarantor hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” As to each and every Claim released hereunder, B▇▇▇▇▇▇▇, New Holdco and each Guarantor also waives the benefit of each other similar provision of applicable federal or state law (including without limitation the laws of the state of California), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. Borrower, New Holdco, and each Guarantor acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and the Released Matters agrees that no Loan Party is releasingthis instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Borrower, acquittingNew Holdco, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may haveand each Guarantor understands, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in this Section 14 are intended to cover breach of the provisions of such release. (b) Borrower, New Holdco, and be each Guarantor, for itself and on behalf of its successors, assigns, and officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees favor of each Releasee above that it will not ▇▇▇ sue (at law, in equity, in any Released Party regulatory proceeding or otherwise) any Releasee on the basis of any Released Claim released, remised and discharged by the Loan Parties such Person pursuant to this Section 14the above release. In entering into this AmendmentBorrower, New Holdco and each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby Guarantor further agrees and acknowledges that it shall not dispute the validity and effectiveness or enforceability of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and or any of the other Loan Documents or any of its obligations thereunder, or the validity, priority, enforceability or the extent of Agent’s Lien on any item of Collateral under the Credit Agreement or the other Loan Documents. If Borrower, New Holdco, or any Guarantor, or any of their respective successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the foregoing covenant, such Person, for itself and payment its successors, assigns and legal representatives, agrees to pay, in full addition to such other damages as any Releasee may sustain as a result of the Obligationssuch violation, all attorneys’ fees and costs incurred by such Releasee as a result of such violation.

Release. For good (a) In consideration for the Purchase Price, as of and valuable considerationfollowing the Closing Date, Seller, on behalf of itself, its predecessors and assigns and its Affiliates (which shall not include the Company and the Other Seller Subsidiaries) (collectively, the receipt “Releasing Parties”) knowingly, voluntarily, irrevocably and sufficiency of which are hereby acknowledgedunconditionally releases, each Loan Party herebyforever discharges, for itself and covenants not to ▇▇▇ the Purchaser and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each LenderAffiliates (including Parent, the Administrative Agent, each Issuing Bank, Company and the Collateral Agent and each of their respective successors and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTYOther Seller Subsidiaries) (collectively, the “Released ClaimsParties”)) from or for any and all claims, for causes of action, demands, suits, debts, obligations, liabilities, damages, losses, costs and expenses (including attorneys’ fees) of every kind or because of any matters nature whatsoever, known or things occurringunknown, existing actual or actions donepotential, omitted to be donesuspected or unsuspected, fixed or contingent, that such Releasing Party has or may have, now or in the future, arising out of, relating to, or suffered to be done by resulting from any act or omission, error, negligence, breach of contract, tort, violation of law, matter or cause whatsoever from the Released Parties, in each case, on or prior beginning of time to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby Closing Date (collectively, the “Released MattersCauses of Action”); provided thatprovided, for however, that none of the avoidance releases in this Section 5.12 shall limit or otherwise affect the respective rights and obligations of doubt, it is understood and agreed by the parties hereto with respect regard to the Released Claims any rights, claims, demands, actions or causes of action arising out of this Agreement or any Related Agreement. (b) It is further agreed and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees understood that the agreements release set forth in this Section 14 are intended to cover 5.12 is a full and be in full satisfaction for final release of all Released Causes of Action whether known or any alleged injuries unknown, fixed or damages arising in connection with the Released Matters herein compromised and settledcontingent, manifested or unmanifested. Each Loan Releasing Party hereby further agrees irrevocably covenants to refrain from, directly or indirectly, asserting any Released Causes of Action, or commencing, instituting, or causing to be commenced, any suit, action, claim, investigation or proceeding of any kind against any Released Party, based upon any matter released hereby. Each Releasing Party hereby waives the protection of any provision of any law that would operate to preserve claims that are unknown as of the Closing Date or at any other time. Each Releasing Party specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. (c) As to each and every Released Causes of Action released hereunder, each Releasing Party also waives the benefit of each other similar provision of applicable Law, if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. Each Releasing Party acknowledges that the release made in this Section 5.12 is a material inducement to each Released Party’s decision to enter into this Agreement and to consummate the transactions contemplated hereby. Each Releasing Party represents that it will has not ▇▇▇ made any Released Party on the basis assignment or transfer of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any Causes of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsAction.

Release. For good To induce Buyer to enter into this Extension Agreement, and valuable consideration, the receipt and sufficiency of which are hereby acknowledgedin consideration thereof, each Loan Party herebyof Seller and Guarantor, for on behalf of itself and its affiliates and its and their successors and assignsassigns (the “Seller Parties”), fully jointly and without reserve, severally releases, acquits, acquits and forever discharges each LenderBuyer and its subsidiaries, the Administrative Agentparents, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assignsaffiliates, officers, directors, employees, representatives, trusteesagents, attorneys, agents partners, successors and affiliates assigns, both present and former (collectively collectively, the “Released Buyer Parties” and individually a “Released Party”) from any and all manner of actions, claims, demands, causes of action, suits, debts, controversies, damages, judgments, executions, suitsclaims (including without limitation crossclaims, debtscounterclaims and rights of set-off and recoupment) and demands whatsoever, liabilitieswhether known or unknown, costswhether now existing or hereafter arising, damageswhether asserted or unasserted, expenses in contract, tort, law or equity which Seller or any other obligations Seller Party has or may have against any of the Buyer Parties by reason of any kind action, failure to act, matter or thing whatsoever arising from or based on facts occurring prior to the date hereof, including but not limited to any claim or defense that relates to, in whole or in part, directly or indirectly, (i) the making or administration of the Transactions under the Repurchase Agreement, the Transaction Documents, the Security Documents or the Transfer Documents, including without limitation, any such claims and nature whatsoeverdefenses based on fraud, direct and/or indirectmistake, duress, usury or misrepresentation, or any other claim based on so-called “lender liability theories”, (ii) any covenants, agreements, duties or obligations set forth in the Repurchase Agreement or any Transaction Document, Security Document or Transfer Document, (iii) any actions or omissions of any of the Buyer Parties in connection with the initiation or continuing exercise of any right or remedy contained in the Repurchase Agreement or any Transaction Document, Security Document or Transfer Document or at law or in equity, whether now existing (iv) lost profits, (v) loss of business opportunity, (vi) increased financing costs, (vii) increased legal or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be doneother administrative fees, or suffered (viii) damages to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligationsbusiness reputation.

Release. For good By signing this Agreement, but effective as of the consummation of the Recapitalization in accordance with the terms hereof and valuable considerationassuming all convertible debtholders are signatory hereto and all stockholders holding in excess of 2/3rds of the outstanding shares of Series A Preferred Stock, 2/3rds of the receipt outstanding shares of Series B Preferred Stock and sufficiency 51% of which the shares of Common Stock of the Company are hereby acknowledgedsignatory hereto, each Loan Party herebyholder of Convertible Debt and each Stockholder shall be deemed to have unconditionally and irrevocably released, for itself and its successors and assigns, fully and without reserve, releases, acquits, acquitted and forever discharges each Lender, discharged the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, Company together with its officers, directors, employeesstockholders, agents, bankers, representatives, trusteesnote holders, attorneysattorneys and investment bankers, agents together with their respective affiliates and affiliates (collectively the “Released Parties” agents, both past and individually a “Released Party”) present, from any and all actionsclaim, claimsdemand, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses obligation or other obligations of any kind and nature whatsoeverliability, direct and/or or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown unknown, arising from any act or omission from the beginning of time up to the Recapitalization Date (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTYa "Claim") (collectively, except as hereinafter provided in this Section 5.6. Without limiting the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any generality of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubtforegoing, it is understood that this release shall include any Claim arising from any statement or representation, verbal or written, and agreed by any act or omission made in connection with any offer or sale of any security. However, notwithstanding anything in this Agreement to the parties hereto contrary, none of J▇▇▇▇ ▇. ▇▇▇▇▇, JD Investments, Inc. or Sonoran Pacific Resources, Inc. or any of their affiliates shall be deemed to have released, acquitted or discharged the Company with respect to the Released Claims and the Released Matters any claim that no Loan Party is releasing, acquitting, waiving it may now or discharging at any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may time hereafter have, to the extent such defenses are expressly provided in Sections 10.04 including only any claim or right under any applicable security agreement or security interest that, as of the Credit date of this Agreement. Each Loan Party, relates to: (i) the credit card or cards issued to or for the benefit of the Company the performance of the obligations of the Company with respect to which have been guaranteed by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not J▇▇▇▇ any Released Party on ▇. ▇▇▇▇▇, (ii) the basis line of any Released Claim released, remised and discharged credit in the amount of $500,000 extended to the Company by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and Western State Bank that has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions guaranteed by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofJ▇▇▇▇ ▇. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement ▇▇▇▇▇ and the security agreements and other Loan Documents documentation executed with respect thereto, and (iii) The financing in an amount of $155,000 provided to the Company by Genesis Finance Corporation that has been guaranteed by J▇▇▇▇ ▇. ▇▇▇▇▇ and payment in full of the Obligationssecurity agreements and other documentation executed with respect thereto.

Release. For good and valuable consideration(a) Executive on behalf of himself, the receipt and sufficiency of which are hereby acknowledgedhis heirs, each Loan Party herebyexecutors, for itself and its successors administrators and assigns, fully does hereby knowingly and without reservevoluntarily release, releases, acquits, acquit and forever discharges each Lenderdischarge the Company and any affiliates, the Administrative Agentsuccessors, each Issuing Bankassigns and past, the Collateral Agent present and each of their respective successors and permitted assignsfuture directors, officers, directors, employees, representatives, trustees, attorneys, agents trustees and affiliates shareholders (collectively the “Released Parties” and individually a “Released Party”"RELEASED PARTIES") from and against any and all actionscharges, complaints, claims, demandscross-claims, third-party claims, counterclaims, contribution claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, judgments, executions, suits, debtsrights, liabilitiesdemands, costs, damageslosses, debts and expenses or other obligations of any kind and nature whatsoever, direct and/or indirectknown or unknown, suspected or unsuspected, foreseen or unforeseen, matured or unmatured, which, at law any time up to and including the date thereof, exists, have existed, or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of may arise from any matters or things matter whatsoever occurring, existing or actions doneincluding, omitted to be donebut not limited to, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly claims arising out of or in any way connected related to any of this AmendmentExecutive's employment with the Company or its affiliates and the conclusion thereof, the Credit Agreement, any other Loan Documentwhich Executive, or any of the transactions contemplated hereby his heirs, executors, administrators and assigns and affiliates and agents ever had, now has or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging at any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party time hereafter may have, own or hold against the Company or any affiliates, legal representatives, successors and assigns, past, present and future directors, officers, employees, trustees and shareholders. Executive acknowledges that in exchange for this release, the Company is providing Executive with total consideration, financial or otherwise, which exceeds what Executive would have been given without the release. By executing this Agreement, Executive is waiving all claims against the Company and its related persons arising under federal, state and local labor and antidiscrimination laws and any other restriction on the right to terminate employment, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act of 1990, as amended, and the Human Rights Act, as amended. Nothing herein shall release any party from any obligation under this Agreement. Notwithstanding anything herein to the extent such defenses are contrary, Executive expressly provided in Sections 10.04 reserves and does not release his rights of indemnification to which he is entitled under Section 13 of the Credit Employment Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries other rights of indemnification with regard to his service as an officer and director of the Company and its subsidiaries and its affiliates and any benefit plan, or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted withhis rights to, and has been represented byunder, legal counsel director and expressly disclaims any reliance on any representationsofficer liability insurance coverage. (b) EXECUTIVE SPECIFICALLY WAIVES AND RELEASES THE COMPANY FROM ALL CLAIMS EXECUTIVE MAY HAVE AS OF THE DATE EXECUTIVE SIGNS THIS AGREEMENT REGARDING CLAIMS OR RIGHTS ARISING UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representationsAS AMENDED, acts and/or omissions or the accuracy29 U.S.C. ss. 621 ("ADEA"). EXECUTIVE FURTHER AGREES: (A) THAT EXECUTIVE'S WAIVER OF RIGHTS UNDER THIS RELEASE IS KNOWING AND VOLUNTARY AND IN COMPLIANCE WITH THE OLDER WORKER'S BENEFIT PROTECTION ACT OF 1990; (B) THAT EXECUTIVE UNDERSTANDS THE TERMS OF THIS RELEASE; (C) THAT THE SEVERANCE PAYMENTS AND OTHER BENEFITS CALLED FOR IN THIS AGREEMENT WOULD NOT BE PROVIDED TO ANY EXECUTIVE TERMINATING HIS OR HER EMPLOYMENT WITH THE COMPANY WHO DID NOT SIGN A RELEASE SIMILAR TO THIS RELEASE, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this AmendmentTHAT SUCH PAYMENTS AND BENEFITS WOULD NOT HAVE BEEN PROVIDED HAD EXECUTIVE NOT SIGNED THIS RELEASE, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsAND THAT THE PAYMENTS AND BENEFITS ARE IN EXCHANGE FOR THE SIGNING OF THIS RELEASE; (D) THAT EXECUTIVE HAS BEEN ADVISED IN WRITING BY THE COMPANY TO CONSULT WITH AN ATTORNEY PRIOR TO EXECUTING THIS RELEASE; (E) THAT THE COMPANY HAS GIVEN EXECUTIVE A PERIOD OF AT LEAST TWENTY-ONE (21) DAYS WITHIN WHICH TO CONSIDER THIS RELEASE; (F) THAT EXECUTIVE REALIZES THAT FOLLOWING EXECUTIVE'S EXECUTION OF THIS RELEASE, EXECUTIVE HAS SEVEN (7) DAYS IN WHICH TO REVOKE THIS RELEASE BY WRITTEN NOTICE TO THE UNDERSIGNED, AND (G) THAT THIS ENTIRE AGREEMENT SHALL BE VOID AND OF NO FORCE AND EFFECT IF EXECUTIVE CHOOSES TO SO REVOKE, AND IF EXECUTIVE CHOOSES NOT TO SO REVOKE, THAT THIS AGREEMENT AND RELEASE THEN BECOME EFFECTIVE AND ENFORCEABLE.

Release. For good and valuable considerationEach party hereto, the receipt and sufficiency on behalf of which are hereby acknowledged, each Loan Party hereby, for itself and its successors and assignsrespective affiliates, fully and without reservesubsidiaries, releasessuccessors, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, officers, directors, employeesemployees and representatives (collectively, representativesthe "Releasing Persons"), trusteeshereby agrees that no party shall have any remaining obligations, liabilities or duties under the Merger Agreement (other than the duties of PMC and SPPR pursuant to Section 11.6 thereunder), the Confidentiality Agreement, the Sale Agreement or the Master Lease and such agreements shall, except as specifically set forth herein, be of no further force or effect. The parties hereto fully, finally, forever and unconditionally release, acquit and discharge each other and their respective affiliates, subsidiaries, officers, directors, trust managers, agents, attorneys, agents consultants, employees and affiliates representatives and the predecessors, successors and assigns of each of them (collectively collectively, the “"Released Parties” Persons"), with all Released Persons who are natural persons being so released, acquitted and individually a “Released Party”) discharged in both their individual as well as their official capacities, from any and all actions, claims, controversies, covenants, representations, warranties, demands, promises, contracts, agreements, causes of action, judgments, executions, suits, debts, liabilities, costsobligations, damages, expenses debts or other obligations responsibility of any whatever kind and nature whatsoeveror nature, direct and/or indirectwhether known or unknown, at whether in law or in equity, whether which the Releasing Persons ever had, now existing have or hereafter assertedmay have against any Released Person for any matter, whether absolute thing, event, action or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are omission which in any way way, directly or indirectly arising indirectly, relates to or arises out of or in any way is connected to any of this Amendmentthe Transaction Agreements, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby thereby, including, without limitation by reason of or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any termination of the Released Parties Transaction Agreements, or any other acts, facts, omissions, transactions, occurrences or other subject matters relating thereto, arising therefrom or in connection therewith; provided, however, that nothing contained herein shall release any obligation under this Termination Agreement or claim to enforce it. Notwithstanding the foregoing, the parties agree that PMC and hereby agrees and acknowledges that the validity and effectiveness SPPR shall not be released from their respective obligations under Section 11.6 of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Merger Agreement which Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligationssurvive.

Release. For good Each of Borrower and valuable considerationGuarantor, the receipt and sufficiency on behalf of which are hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors past, present and permitted assignsfuture subsidiaries, affiliates, divisions, directors, shareholders, officers, directorsemployees, employeespartners, members, managers, representatives, trusteesadvisors, attorneysservicers, attorneys and agents and affiliates each of their respective heirs, transferees, executors, administrators, personal representatives, legal representatives, predecessors, successors and assigns (collectively the “Released Parties” and individually including any successors by merger, consolidation or acquisition of all or a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations substantial portion of any kind such Persons’ assets and nature whatsoeverbusiness), direct and/or indirect, at law or each in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) their capacity as such (collectively, the “Released ClaimsReleasing Parties”), for hereby releases and forever discharges all Indemnified Parties from any and all Liabilities (including any Liabilities which any Releasing Party does not know or because suspect to exist in its favor as of the date hereof, which if known by such Releasing Party might have affected such Releasing Party’s release of an Indemnified Party, and including any matters Servicing Claims) that are or things occurringmay be based in whole or part on any act, existing or actions doneomission, omitted to be donetransaction, event, or suffered to be done by any of the Released Parties, in each case, other circumstance taking place or existing on or prior to the date hereof and are in hereof, which the Releasing Parties or any way directly of them may have or indirectly arising out which may hereafter be asserted or accrue against Indemnified Parties or any of them, resulting from or in any way connected relating to any of this Amendment, the Credit Agreement, any other Loan Documentact or omission done or committed by Indemnified Parties, or any of them, prior to the transactions contemplated date hereof in each case connection with or arising out of the Loan or the Loan Documents. The releases contained in this Section 9 apply to all Liabilities which the Releasing Parties or any of them have or which may hereafter arise against the Indemnified Parties or any of them in connection with or arising out of the Loan or the Loan Documents, as a result of acts or omissions occurring before the date hereof, whether or not known or suspected by the parties hereto. Each of Borrower and Guarantor expressly acknowledges that although ordinarily a general release does not extend to claims which the releasing party does not know or suspect to exist in his, her or its favor, which if known by him, her or it must have materially affected his, her or its settlement with the party released, each of Borrower and Guarantor has carefully considered and taken into account in determining to enter into this Agreement the possible existence of such unknown losses or claims. Without limiting the generality of the foregoing, each of Borrower and Guarantor, on behalf of itself and all of the Releasing Parties expressly waives any and all rights conferred upon it by any statute or rule of law which provides that a release does not extend to claims which the claimant does not know or suspect to exist in his, her or its favor at the time of executing the release, which if known by him, her or it must have materially affected his, her or its settlement with the released party, including the following provisions of California Civil Code Section 1542: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This release by Releasing Parties shall constitute a complete defense to any Liability released pursuant to this release. Nothing in this release shall be construed as (or shall be admissible in any legal action or proceeding as) an admission by any Co-Lender or any other Indemnified Party that any Liability exists which is within the scope of those hereby released. This Section 9 shall survive the repayment and performance of all obligations under the Loan Documents, and the reconveyance, foreclosure, or thereby (collectively, the “Released Matters”); provided that, for other extinguishment of any related security instruments. For the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant agreeing to this Section 14. In entering into this Amendment9, each Loan Party consulted with, Releasing Parties represent and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by acknowledge that none of them may seek to use any of the Released Parties Liabilities released herein as a set-off of any other obligation that may exist between any Releasing Party and hereby agrees Indemnified Party. In addition, Liabilities released herein shall include any Releasing Party’s right to contribution or any other similar demand that might otherwise exist (and acknowledges that the validity and effectiveness terms of the releases set forth herein do not depend this sentence shall control over any conflicting provision in any way on any such representations, acts and/or omissions or other Loan Document). In no event shall the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence 9 be deemed to limit any other release of the termination of this Amendment, the Credit Agreement and the any Indemnified Parties under any other Loan Documents Document and payment all such releases of any Indemnified Parties shall be read in full of the Obligationsbroadest possible manner notwithstanding anything contained herein.

Release. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Each Loan Party hereby, for itself and its successors and assigns, fully and without reservehereby remises, releases, acquits, satisfies and forever discharges each Lenderthe Arranger, the Administrative Agent, each Issuing Bank, the Collateral Agent Lenders and each of their respective successors and permitted assignsagents, employees, officers, directors, employeespredecessors, representativesattorneys and all others acting or purporting to act on behalf of or at the direction of the Arranger, trusteesthe Administrative Agent or the Lenders (“Releasees”), attorneys, agents of and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all manner of actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses claims and demands, in each case, that as of the date hereof are known or other obligations of any kind and nature whatsoeverreasonably should be known to such Loan Party, direct and/or indirect, at in law or in equity, whether which such Loan Party ever had, now has or, to the extent arising from or in connection with any act, omission or state of facts taken or existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof, may have after the date hereof and are against the Releasees, for, upon or by reason of any matter, cause or thing whatsoever through the date hereof (it being understood that nothing in any way directly this sentence shall release or indirectly arising out of or in any way connected to any of this Amendment, otherwise affect the Credit Agreement, any other Loan Document, or any covenants of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, Releasees under the Credit Agreement and the other Loan Documents and payment Documents, in full each case, after the Fifth Amendment Effective Date). Without limiting the generality of the Obligationsforegoing, each Loan Party hereby waives and affirmatively agrees not to allege or otherwise pursue any actions, causes of action, suits, damages, claims and demands that it shall or may have as of the date hereof against any Releasees in connection with the Credit Agreement or the other Loan Documents, including, but not limited to, the rights to contest (a) the right of the Arranger, the Administrative Agent and each Lender to exercise its rights and remedies described in the Credit Agreement, (b) any provision of the Credit Agreement or the other Loan Documents or (c) any conduct of the Arranger, the Administrative Agent, the Lenders or other Releasees relating to or arising out of the Credit Agreement or the other Loan Documents on or prior to the date hereof.

Release. For (a) As an inducement to Buyer to enter into this Agreement and any agreements ancillary hereto to which it will be a party and consummate the transactions contemplated hereby and thereby and for other good and valuable sufficient consideration, each of the receipt and sufficiency Sellers, with the intention of which are hereby acknowledged, each Loan Party hereby, for binding itself and its successors any other Person to the extent claiming through such Seller (including such Seller’s Affiliates, Representatives, heirs, executors, administrators and assigns) (the “Releasors”), fully does hereby (effective as of and without reservesubject to the Closing) unconditionally and irrevocably release, releases, acquits, acquit and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent discharge Buyer and each of their respective successors its past, present and permitted assignsfuture Affiliates and Representatives, officersincluding the Company, directorsand all Persons acting by, employeesthrough, representativesunder, trustees, attorneys, agents and affiliates or in concert with any of such Persons (collectively the “Released Parties” Releasees”), of and individually a “Released Party”) from any and all actions, claims, demandsActions, causes of action, judgmentssuits, executionsarbitrations, suitsother proceedings, demands, debts, liabilitiesContracts, costspromises, damages, expenses or other obligations Liabilities and Losses of any kind and nature whatsoever, direct and/or indirectknown or unknown, at law suspected or in equityunsuspected, whether now existing or hereafter asserted, whether absolute fixed or contingent, whether due direct, derivative, vicarious or to become dueotherwise, whether disputed based in contract, tort, or undisputedother legal, whether known statutory, or unknown (INCLUDINGequitable theory of recovery, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) each as though fully set forth at length herein (collectively, the a “Released ClaimsClaim”), for which the Releasors now have or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of may hereafter have against the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan DocumentReleasees, or any of them, by reason of any matter, cause, act, omission or thing whatsoever in any way arising out of, based upon, or relating to such Seller’s ownership of Sale Shares, the transactions contemplated hereby organization of the Company, or thereby the operation of the Company’s business prior to the Closing (collectively, the “Released Matters”); provided thatprovided, for however, that nothing set forth in this Section 8.9 shall release or otherwise affect (i) the avoidance right or ability of doubt, any such Seller to fully enforce its rights and remedies under this Agreement or any ancillary agreements hereto to which it is understood a party in accordance with the terms hereof and agreed thereof, (ii) the right of any Releasor to indemnification or insurance benefits under any insurance policy in effect as of the date hereof maintained by or covering the parties hereto Company or its operations, or from the Company (under its Constitutive Documents or under a Contract), with respect to such Releasor’s service as a director, officer, employee or agent of the Released Claims Company, (iii) the right of any Releasor to unpaid compensation or other payment for services as an employee of or independent contractor to the Company or to receive benefits under any Company Plan, (iv) any rights of any Releasor arising from or related to fraud or criminal activity committed by any Releasee, (v) any rights of a Releasor in respect of any unknown claims that a Releasor may have arising out of any contractual or commercial relationship such Releasor may have with a Releasee other than the Company that is unrelated to this Agreement or the transactions contemplated hereby, or (vi) any rights of any Releasor that, under applicable Law, cannot be waived. Each Seller expressly consents that this general release shall be given full force and the effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Released Matters (notwithstanding any Law that no Loan Party is releasingexpressly limits the effectiveness of a general release of unknown, acquittingunsuspected or unanticipated Claims). (b) Each Seller represents and warrants, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may haveon a several basis, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees Buyer that the agreements in this Section 14 are intended to cover and be in full satisfaction for all there has been no assignment or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis other transfer of any Released interest in any Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts arising out of or omissions by based upon any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness Matters which such Seller may have against any of the releases set forth herein do Releasees, and each Seller agrees to indemnify and hold the Releasees harmless from, and compensate and reimburse them for, any Liabilities, Claims or Losses incurred as a result of any Person asserting any such assignment or transfer of any rights or Claims under any such assignment or transfer from such party. (c) Each Seller represents and warrants, on a several basis, to Buyer that neither it nor its Affiliates has filed, and such Seller shall not, and shall cause its Affiliates not depend to, file or otherwise seek to assert or assist any other Person in filing or otherwise seeking to assert, nor as of the date hereof has, any Claim arising out of or based upon any of the Released Matters against any of the Releasees. Each Seller agrees that if it hereafter commences, joins in, or in any way on manner seeks relief through any such representationsAction arising out of, acts and/or omissions based upon, or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence relating to any of the termination Claims released hereunder, or in any manner asserts against the Releasees any of this Amendmentthe Claims released hereunder, including through any motion to reconsider, reopen or appeal the Credit Agreement dismissal of the Action, and the other Loan Documents and payment Releasees are the prevailing party in full of such Action, then such Seller shall pay to the ObligationsReleasees against whom such Claim(s) is asserted all Losses incurred by such Releasees in defending or otherwise responding to such Claim.

Release. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party (a) Seller hereby, for itself and on behalf of all of its successors past and assignspresent Affiliates and Representatives, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors beneficiaries, Affiliates, successors, assigns and permitted assignsRepresentatives (collectively, officerswith Seller, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” Releasors”), fully and individually a “Released Party”) from any unconditionally releases, acquits and all actionsforever discharges Buyer and each of its past, claimspresent and future Affiliates and Representatives, demandsand each of their respective beneficiaries, causes of actionAffiliates, judgmentssuccessors, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind assigns and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) Representatives (collectively, the “Released ClaimsReleasees”), for from any and all manner of Actions, Liabilities debts, damages, costs, losses, expenses (including attorneys’ and other professional fees and expenses), sums of money, accounts, bonds, bills, covenants, compensation, contracts, controversies, omissions, promises, variances, trespasses, judgments, executions or because other relief, whether known or unknown, matured or unmatured, suspected or unsuspected, fixed, contingent or otherwise, whether in law or equity, which such Releasor ever had as of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in against any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby Releasee (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect . Notwithstanding anything to the Released Claims contrary in this Section 9.17(a), Actions expressly permitted to be brought under the terms of this Agreement or any Other Agreement and the Released Matters matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses cannot be released as a matter of Law are expressly provided in Sections 10.04 excluded from “Released Matters”. (b) Seller, on behalf of itself and each of the Credit Agreement. Each Loan Party, by execution hereofReleasors, hereby acknowledges irrevocably covenants to refrain from, directly or indirectly, asserting any claim or demand or commencing, instituting or causing to be commenced, any Action of any kind against any Releasee, based upon, in connection with or arising from any Released Matter or other matter released or purported to be released pursuant to Section 9.17(a). (c) Seller represents and agrees that the agreements in it (i) fully understands its rights to discuss all aspects of this Agreement, including this Section 14 are intended to cover 9.17, with its attorneys, (ii) has availed itself of this right, (iii) has carefully read and be in full satisfaction for fully understands all of the terms of this Agreement, including this Section 9.17, (iv) has not transferred or assigned any alleged injuries rights or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees claims that it will is hereby purporting to release herein, (v) is voluntarily, and with proper and full authority, entering into this Agreement, and (vi) has had a reasonable period of time to consider the provisions of this Agreement and this Section 9.17, and that it has considered them carefully before executing this Agreement. (d) Seller acknowledges that the Laws of many states, including California, provide substantially the following: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Seller acknowledges that such provisions are designed to protect a person or entity from waiving claims that he, she or it does not know exist or may exist. Nonetheless, S▇▇▇▇▇ agrees, on behalf itself and each of the Releasors, that Seller, on behalf of itself and the Releasors, shall be deemed to waive any Released Party on the basis such provision. (e) The Parties acknowledge and agree that a breach of any Released Claim released, remised and discharged by other agreement between the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that Releasees shall not affect the validity and effectiveness of this Section 9.17. Without limiting the foregoing, in the event of any claim, judgment, award, or order in favor of any Party, now or at any time in the future, regardless of the releases set forth herein do basis therefor, this Section 9.17 shall not depend be affected in any manner by such claim, judgment, award, or order, and each Party hereby irrevocably renounces, relinquishes, waives, abandons, and otherwise agrees that no such claim, judgment, award, or order shall in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of affect this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligations9.17.

Release. For good and valuable consideration(a) Upon the XL Companies’ payment of the Commutation Amount to the SCA Companies, the receipt SCA Companies, on behalf of themselves and sufficiency of which are their shareholders, parents, affiliates and subsidiaries, and their respective officers, directors and employees, hereby acknowledged, each Loan Party hereby, for itself irrevocably and its successors and assigns, fully and without reserve, releases, acquits, unconditionally releases and forever discharges each Lenderthe XL Companies, the Administrative Agenttheir parents, each Issuing Banksubsidiaries and affiliates, the Collateral Agent and each of their respective successors and permitted predecessors, successors, assigns, officers, directors, agents, employees, shareholders, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) attorneys from any and all present and future actions, claims, demands, causes of action, judgmentssuits, executionsdebts, liens, contracts, rights, agreements, obligations, promises, liabilities, claims, counterclaims, demands, damages, controversies, losses, costs and expenses (including attorneys’ fees and costs actually incurred) of any kind, character, description or nature whatsoever, known or unknown to any or all of the Parties, suspected or unsuspected, reported or unreported, fixed or contingent, which the SCA Companies now have, own or hold or claim to have, own, or hold, or at any time heretofore had, owned, or held or claimed to have had, owned, or held, or may hereafter have, own, or hold or claim to have, own, or hold, arising out of conduct or matters occurring on, prior to or subsequent to the Effective Date, against the XL Companies, arising directly or indirectly out of, based upon, or in any way related to or in connection with the Adverse Development Cover, whether grounded in law or equity, or sounding in tort or contract or otherwise; provided, however, that the provisions of this Article II(a) shall not discharge obligations of the XL Companies, which have been undertaken or imposed by the express terms of this Agreement or the Master Transaction Agreement (including the Ancillary Agreements). (b) Contemporaneous with the payment of the Commutation Amount to the SCA Companies, the XL Companies, on behalf of themselves and their shareholders, parents, affiliates and subsidiaries, and their respective officers, directors and employees, hereby irrevocably and unconditionally releases and forever discharges the SCA Companies, their shareholders, parents, subsidiaries and affiliates, and their respective predecessors, successors, assigns, officers, directors, agents, employees, shareholders, representatives, and attorneys from any and all present and future actions, causes of action, suits, debts, liens, contracts, rights, agreements, obligations, promises, liabilities, costsclaims, counterclaims, demands, damages, controversies, losses, costs and expenses or other obligations (including attorneys’ fees and costs actually incurred) of any kind and kind, character, description or nature whatsoever, direct and/or indirectknown or unknown to any or all of the Parties, at law suspected or in equityunsuspected, whether now existing reported or hereafter assertedunreported, whether absolute fixed or contingent, whether due which the XL Companies now have, own, hold or claim to become duehave, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be doneown, or suffered hold, or at any time heretofore had, owned, or held or claimed to be done by any have had, owned, or held, or may hereafter have, own, or hold or claim to have, own, or hold, arising out of the Released Partiesconduct or matters occurring on, in each case, on or prior to or subsequent to the date hereof and are in any way Effective Date, against the SCA Companies, arising directly or indirectly arising out of of, based upon, or in any way connected related to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim releasedAdverse Development Cover, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendmentwhether grounded in law or equity or sounding in tort or contract or otherwise; provided, each Loan Party consulted withhowever, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 Article II(b) shall survive the occurrence not discharge obligations of the termination SCA Companies, which have been undertaken or imposed by the express terms of this AmendmentAgreement or the Master Transaction Agreement (including the Ancillary Agreements). (c) The Parties understand that it is possible that unknown losses or claims may exist, or that present or future losses or claims may be underestimated in amounts or severity. Furthermore, the Credit Parties expressly accept and assume the risk that the factual or legal assumptions made by any Party in connection with this Agreement may be found hereafter to be different from the true facts or law, and the other Loan Documents Parties agree that this Agreement shall be and payment shall remain in full force and effect notwithstanding such differences in facts or law. Each Party expressly takes all of the Obligationsforegoing into account in determining the amount of consideration to be given and paid for the giving of this Agreement, and a portion of the said consideration, having been bargained for between the Parties with the knowledge of the possibility of such unknown losses and claims, is given in exchange for the full accord, satisfaction and discharge of all such losses and claims. (d) Full payment of the Commutation Amount shall be in complete accord, satisfaction, settlement and commutation of any and all past, current and future liabilities and obligations that each Party owes or may owe to the other arising directly or indirectly out of or related to or in connection with the Adverse Development Cover and that upon payment of the Commutation Amount, the Adverse Development Cover shall be terminated as of the Effective Date and no Party shall have any further obligation or liability to the other Party under the Adverse Development Cover.

Release. For (a) Each Borrower hereby acknowledges and agrees that: (i) no Borrower has any claim or cause of action against the Lender (or any of its Affiliates or its or their officers, directors, employees, managers, members, partner, shareholders, attorneys or consultants) in connection with the Loan Documents and (ii) the Lender has heretofore properly performed and satisfied in a timely manner all of its obligations to Borrower under the Loan Agreement and the other Loan Documents that are required to have been performed on or prior to the date hereof. Notwithstanding the foregoing, the Lender wishes (and Borrower agrees) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of the Lender’s rights, interests, security and/or remedies under the Loan Agreement and the other Loan Documents. Accordingly, for and in consideration of the agreements contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby, Borrower (for itself and its successors each other Borrower and the successors, assigns, fully heirs and without reserverepresentatives of each of the foregoing) (collectively, releasesthe “Releasors”) does hereby fully, acquitsfinally, unconditionally and irrevocably release and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent discharge Lender and each of its Affiliates and its and their respective successors and permitted assignsmanagers, members, partners, officers, directors, employees, representativesshareholders attorneys and consultants in their capacities as or for the Lender (collectively, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actionsdebts, claims, obligations, damages, costs, attorneys’ fees, suits, demands, liabilities, actions, proceedings and causes of action, judgmentsin each case, executionswhether known or unknown, suits, debts, liabilities, costs, damages, expenses contingent or other obligations of any kind and nature whatsoeverfixed, direct and/or or indirect, at and of whatever nature or description, and whether in law or in equity, whether under contract, tort, statute or otherwise, which any Releasor has heretofore had or now existing or hereafter assertedcan, whether absolute shall or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “may have against any Released Claims”), for or because Party by reason of any matters act, omission or things occurring, existing thing whatsoever done or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of of, connected with or in any way connected related to any of this Amendment, the Credit Agreement, Loan Agreement or any other Loan Document, or any act, event or transaction related or attendant thereto, or the agreements of the transactions contemplated hereby Lender contained therein, or thereby (collectivelythe possession, use, operation or control of any of the “Released Matters”); provided thatassets of any Borrower, for or the avoidance making of doubtany Loans or other Advances, it is understood and agreed by or the parties hereto with respect to management of such Loans or Advances or the Released Claims and the Released Matters that no Loan Party is releasingCollateral, acquittingin each case, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, solely to the extent such defenses are expressly provided in Sections 10.04 of arising from any act, omission or thing whatsoever done or omitted to be done on or prior to the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsSecond Amendment Effective Date.

Release. (a) For good and valuable considerationvalue received, including without limitation, the receipt and sufficiency agreements of which are hereby acknowledgedthe Lenders in this Agreement, each Loan Party herebyObligor, for on behalf of itself and its successors and assigns, fully and without reserveits current and former shareholders, releasesmembers, acquitsparents, subsidiaries, divisions, affiliates, directors, officers, employees, agents, attorneys, advisors, consultants, and other representatives (collectively, the “Releasing Parties”), hereby absolutely, unconditionally, and irrevocably releases and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of the Lenders, and their respective successors current and permitted assignsformer shareholders, members, parents, subsidiaries, divisions, affiliates, directors, officers, directors, employees, representatives, trusteesagents, attorneys, agents advisors, consultants, and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) representatives (collectively, the “Released ClaimsParties”) of and from any and all claims (including, without limitation, all counterclaims, crossclaims, defenses, rights of set-off and recoupment), for or because actions, causes of any matters or things occurringaction, existing or actions doneacts and omissions, omitted to be donecontroversies, or suffered to be done by any of the Released Partiesdemands, in each casesuits, on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby liabilities (collectively, the “Claims”) of every kind or nature whatsoever, both in law and in equity, known or unknown, which any Releasing Party has or ever had against the Released Matters”); provided Parties prior to, through, and including this date, including, without limitation, Claims arising out of the existing financing arrangements between the Borrower(s) and the Lenders and any Claim of breach of the duty of good faith and fair dealing based on, among other things, the Released Parties’ exercise of discretion under the Loan Documents. The Loan Parties hereby represent and warrant that, for on behalf of themselves and their successors, assigns and legal representatives, they have not sold, conveyed, assigned, pledged, hypothecated, or otherwise encumbered all or any part of the avoidance Claims released in this Section. The Loan Parties hereby acknowledge and agree that, on behalf of doubtthemselves and their successors, it is understood assigns and agreed by legal representatives, the parties hereto Released Parties have at all times acted in good faith with respect regard to the Released Claims consummation and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 administration of the Credit AgreementLoan Documents. Each Loan Party, by execution hereof, hereby Obligor acknowledges and agrees that, as of the date hereof, it does not have any Claim against the Released Parties, each of which such Obligor, on behalf of itself and its successors, assigns and legal representatives, hereby expressly waives. Each Obligor hereby confirms that the agreements in this Section 14 are intended foregoing waiver and release is an informed waiver and release and is being freely given. (b) Each Obligor further agrees, on behalf of itself and its successors, assigns, and legal representatives, not to cover and be in full satisfaction for all commence, institute, or prosecute any lawsuit, action or other proceeding, whether judicial, administrative or otherwise, to collect or enforce any Claim. If any Obligor or any alleged injuries of its successors, assigns, or legal representatives violates the foregoing covenant, the Obligors hereby agree, on behalf of themselves and their successors and assigns, to jointly and severally pay, in addition to any damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ as any Released Party on the basis may sustain as a result of such violation, all attorneys fees and costs incurred by any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any party as a result of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligationsviolation.

Release. For good Each of the Borrower and valuable considerationeach Guarantor may have certain Claims against the Released Parties, as those terms are defined below, regarding or relating to the Credit Agreement or the other Loan Documents. The Administrative Agent, the receipt Lenders, the Lead Arranger, the Co-Lead Arranger, the Issuing Lender, the Swingline Lender, the Borrower and sufficiency the Guarantors desire to resolve each and every one of which are hereby acknowledgedsuch Claims in conjunction with the execution of this Amendment and thus each of the Borrower and each Guarantor makes the releases contained in this Section 11. In consideration of the Administrative Agent and the Lenders entering into this Amendment, each Loan Party hereby, for itself of the Borrower and its successors and assigns, each Guarantor hereby fully and without reserve, releases, acquits, unconditionally releases and forever discharges each Lender, of the Administrative Agent, each Issuing Bankthe Lenders, the Collateral Agent Issuing Lender, the Swingline Lender and each of their respective successors and permitted assignsdirectors, officers, directorsemployees, employeessubsidiaries, branches, affiliates, attorneys, agents, representatives, trustees, attorneys, agents successors and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any assigns and all actionspersons, claimsfirms, demands, causes corporations and organizations acting on any of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) their behalves (collectively, the “Released ClaimsParties”), for of and from any and all claims, allegations, causes of action, costs or because demands and liabilities, of whatever kind or nature, from the beginning of the world to the date on which this Amendment is executed, whether known or unknown, liquidated or unliquidated, fixed or contingent, asserted or unasserted, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, anticipated or unanticipated, which the Borrower or any Guarantor has, had, claims to have had or hereafter claims to have against the Released Parties by reason of any matters act or things occurring, existing or actions done, omitted to be done, or suffered to be done by any omission on the part of the Released Parties, in each caseor any of them, on or occurring prior to the date hereof on which this Amendment is executed, including all such loss or damage of any kind heretofore sustained or that may arise as a consequence of the dealings among the parties up to and are in any way directly including the date on which this Amendment is executed, including the administration or indirectly arising out enforcement of or in any way connected to any of this Amendmentthe Loans, the Obligations, the Credit Agreement, any other Loan Document, Agreement or any of the transactions contemplated hereby or thereby Loan Documents (collectively, all of the foregoing, the “Released MattersClaims”); provided that, for . Each of the avoidance Borrower and each Guarantor represents and warrants that it has no knowledge of doubt, any claim by it is understood and agreed by the parties hereto with respect to against the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving Parties or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, facts or acts or of omissions by any of the Released Parties which on the date hereof would be the basis of a claim by the Borrower or any Guarantor against the Released Parties which is not released hereby. Each of the Borrower and hereby agrees each Guarantor represents and acknowledges warrants that the validity foregoing constitutes a full and effectiveness complete release of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligationsall Claims.

Release. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and Upon payment in full of the ObligationsIndebtedness or the satisfaction by Guarantors of their obligations hereunder and any Loan Documents executed by any of the Guarantors pursuant to the Credit Agreement thereto, and when Guarantors are no longer subject to any obligation hereunder or thereunder, the Agent shall deliver to each of the Guarantors, upon written request therefor, (i) a written release of this Guaranty and (ii) appropriate discharges of any Collateral provided by such Guarantor for this Guaranty; provided however that the effectiveness of this Guaranty and such Collateral shall continue or be reinstated, as the case may be, in the event: (x) that any payment received or credit given by the Agent or the Banks, or any of them, is returned, disgorged, rescinded or required to be recontributed to any Person as an avoidable preference, impermissible setoff, fraudulent conveyance, restoration of capital or otherwise under any applicable state, federal or national law of any jurisdiction, including without limitation laws pertaining to bankruptcy or insolvency, and this Guaranty shall thereafter be enforceable against each of the Guarantors as if such returned, disgorged, recontributed or rescinded payment or credit had not been received or given by the Agent or the Banks, and whether or not the Agent or any Bank relied upon such payment or credit or changed its position as a consequence thereof or (y) that any liability is imposed, or sought to be imposed against the Agent or the Banks, or any of them, relating to the environmental condition of any of property mortgaged or pledged to Agent on behalf of the Banks by any of the Guarantors, Borrower, or any other party as collateral (in whole or part) for any indebtedness or obligation evidenced or secured by this Guaranty, whether such condition, claim or matter is known or unknown, now exists or subsequently arises (excluding only conditions which arise from and after acquisition by Agent or any Bank of any such property, in lieu of foreclosure or otherwise and not caused by Borrower, any of its Subsidiaries or any of their agents, employees or representatives) in which event this Guaranty shall thereafter be enforceable against each of the Guarantors to the extent of all liabilities, and all reasonable costs and expenses (including reasonable attorneys fees) incurred by Agent or Banks as the direct or indirect result of any such environmental condition. For purposes of this Guaranty “environmental condition” includes, without limitation, conditions existing with respect to the surface or ground water, drinking water supply, land surface or subsurface strata and the ambient air.

Release. For good (a) Each of the Subscribing Parties hereby irrevocably and valuable consideration, unconditionally: (i) releases the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby, for itself Company and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” Affiliates, and individually a “Released Party”) each of its predecessors in interest, successors, heirs and assigns, from any and all actionsclaims, claimsrights, damages, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses action or other obligations liabilities of any kind and nature whatsoever, direct and/or indirectknown or unknown, at law contingent or in equity, whether now existing or hereafter asserted, whether absolute or contingentfixed, whether due or to become due, whether disputed other than for any matter specifically contemplated by this Agreement, that any Subscribing Party had, now has or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because may have at any future time by reason of any matters cause, matter or things occurringthing whatsoever, existing directly or actions doneindirectly, related to any action taken or omitted to be done, or suffered to be done taken by any of the Released Parties, in each case, such persons on or prior to the date hereof including, without limitation, any alleged breaches of fiduciary duty or other act or omission relating to the proposal made to NetLive by the Zodiac Group, Inc. or the NetLive Communication, Inc. Performance Share Program Trust and are Plan; and (ii) covenants not to ▇▇▇ the Company and its officers, directors, employees, agents and Affiliates, and each of its predecessors in interest, successors, heirs and assigns, of, from or with respect to any way directly and all claims, rights, damages, demands, causes or indirectly liabilities of any nature whatsoever, known or unknown, contingent or fixed, whether due or to become due, other than for any matter arising out of this Agreement, that any Subscribing Party has had, now has or in may have at any way connected future time by reason of any cause, matter or thing whatsoever, directly or indirectly, related to any action taken or omitted to be taken by such persons on or prior to the date hereof including, without limitation, any alleged breaches of fiduciary duty or other act or omission relating to the proposal made to NetLive by the Zodiac Group, Inc. or the NetLive Communication, Inc. Performance Share Program Trust and Plan. (b) The Company hereby irrevocably and unconditionally: (i) releases each of the Subscribing Parties and its or his officers, directors, employees, agents, trustees and Affiliates, and each of its or his predecessors in interest, successors, heirs and assigns, from any and all claims, rights, damages, demands, causes of action or liabilities of any nature whatsoever, known or unknown, contingent or fixed, whether due or to become due, other than for any matter specifically contemplated by this AmendmentAgreement, that the Company had, now has or may have at any future time by reason of any cause, matter or thing whatsoever, directly or indirectly, related to any action taken or omitted to be taken by such persons on or prior to the date hereof including, without limitation, any alleged breaches of fiduciary duty or other act or omission relating to the proposal made to NetLive by the Zodiac Group, Inc., the Credit AgreementNetLive Communication, any other Loan Document, Inc. Performance Share Program Trust and Plan or any the formation of a group for purposes of commencing a consent solicitation of the transactions contemplated hereby Company's shareholders; and (ii) covenants not to ▇▇▇ each of the Subscribing Parties and its or thereby (collectivelyhis officers, the “Released Matters”); provided thatdirectors, for the avoidance employees, agents, trustees and Affiliates, and each of doubtits or his predecessors in interest, it is understood successors, heirs and agreed by the parties hereto assigns, of, from or with respect to any and all claims, rights, damages, demands, causes or liabilities of any nature whatsoever, known or unknown, contingent or fixed, whether due or to become due, other than for any matter arising out of this Agreement, that the Released Claims and the Released Matters that no Loan Party is releasingCompany has had, acquittingnow has or may have at any future time by reason of any cause, waiving matter or discharging thing whatsoever, directly or indirectly, related to any defenses action taken or omitted to expense reimbursement obligations be taken by such persons on or indemnification obligations that such Loan Party may have, prior to the extent such defenses are expressly provided in Sections 10.04 date hereof including, without limitation, any alleged breaches of fiduciary duty or other act or omission relating to the proposal made to NetLive by the Zodiac Group, Inc., the NetLive Communication, Inc. Performance Share Program Trust and Plan or the formation of a group for purposes of commencing a consent solicitation of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees Company's shareholders. (c) In the event that the agreements in this Section 14 are intended to cover and be in full satisfaction for all any one or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any more of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 4 shall survive be or become invalid, illegal or unenforceable in any respect, the occurrence validity, legality and enforceability of the termination remaining provisions contained herein shall not be affected thereby. The invalidity, illegality or unenforceability of any provision of this Amendment, Section 4 shall have no effect on the Credit enforceability of any provision of any of this Agreement and the other Loan Documents and payment in full of the Obligationsshall not give rise to any claim, whether for damages, rescission, restitution or otherwise.

Release. For good and valuable considerationUpon the Date of Final Judgment, the receipt and sufficiency of which are hereby acknowledgedReleasing Parties shall completely release, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquitsacquit, and forever discharges each Lender, discharge the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “▇▇▇▇▇▇▇ Released Parties” and individually a “Released Party”) Parties from any and all actions, claims, demands, actions, suits, causes of action, judgmentswhether class, executionsindividual, suitsparens patriae, debtsor otherwise in nature (whether or not any member of the Settlement Class has objected to the Settlement Agreement or makes a claim upon or participates in the Settlement Fund, liabilitieswhether directly, costsrepresentatively, derivatively or in any other capacity) that the Releasing Parties ever had, now has, or hereafter can, shall, or may ever have, on account of, or in any way arising out of, any and all known and unknown, foreseen and unforeseen, suspected or unsuspected, actual or contingent, liquidated or unliquidated claims, injuries, losses, civil or other penalties, restitution, disgorgement, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter the consequences thereof that have been asserted, whether absolute or contingentcould have been asserted, whether due under federal or state law in any way arising out of or relating in any way to an alleged or actual conspiracy or agreement between Defendants relating to reducing competition for the hiring and retaining of, or to become duefixing, whether disputed depressing, restraining, exchanging information about, or undisputedotherwise reducing the Compensation paid or provided to, whether known or unknown (INCLUDINGthe Releasing Parties by Defendants, WITHOUT LIMITATIONco-conspirators, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) their respective subsidiaries and/or related entities (collectively, the “Released Claims”). Notwithstanding the above, “Released Claims” do not include (i) claims asserted against any Defendant other than the ▇▇▇▇▇▇▇ Released Parties, and (ii) any claims wholly unrelated to the allegations or underlying conduct alleged in the Action that are based on breach of contract, negligence, personal injury, bailment, failure to deliver lost goods, damaged or delayed goods, product defect, discrimination, COVID-19 safety protocols, failure to comply with wage and hours laws unrelated to anticompetitive conduct, or securities claims. This reservation of claims set forth in (i) and (ii) of this paragraph does not impair or diminish the right of the ▇▇▇▇▇▇▇ Released Parties to assert any and all defenses to such claims. During the period after the expiration of the deadline for or because of any matters or things occurringsubmitting an opt-out notice, existing or actions doneas determined by the Court, omitted and prior to Final Judgment, all Releasing Parties who have not submitted a valid request to be done, or suffered to excluded from the Settlement Class shall be done by preliminarily enjoined and barred from asserting any Released Claims against the ▇▇▇▇▇▇▇ Released Parties. The release of the Released PartiesClaims will become effective as to all Releasing Parties upon Final Judgment. Upon Final Judgment, in each case, on or prior to the date hereof and are in Releasing Parties further agree that they will not file any way directly or indirectly other suit against the ▇▇▇▇▇▇▇ Released Parties arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect relating to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsClaims.

Release. For good (a) Effective immediately upon the full payment to Beneficiary, and valuable considerationreceipt by the Owners, of the receipt and sufficiency of which are hereby acknowledgedToshiba Obligation Amount, each Loan Party hereby, for of the Owners on behalf of itself and its present and former agents, Affiliates, principals, shareholders, stakeholders, predecessors, subsidiaries, successors and assignsassigns (collectively, fully the “Owner Releasing Parties”) hereby fully, finally and without reserve, forever releases, acquitsacquits and discharges Toshiba, the Toshiba Affiliates, and forever discharges each Lenderany Toshiba Third Parties (but in no event including the WEC Debtors, any subsidiaries or any WEC Third Parties thereof (such parties collectively, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Toshiba Released Parties” and individually a “Released Party”)) from any and all actionsmanner of action, causes of action, claims, demands, causes of actionlawsuits, judgmentsattorneys’ fees and costs, executionslosses, suits, debts, liabilities, costsexpenses, damages, expenses right to equitable remedy if such breach gives rise to a right of payment, or other obligations liabilities of any whatever kind and nature whatsoever, direct and/or indirectwhether now known or unknown, asserted or unasserted, suspected or unsuspected, whether arising under federal, state, local, statutory, common, foreign or administrative Law, or any other Law, rule or regulation, whether fixed or contingent, accrued or unaccrued, liquidated or unliquidated, matured or unmatured, disputed or undisputed, at law or in equity, whether secured or unsecured that any of the Owner Releasing Parties heretofore had, or now existing or hereafter assertedhave, whether absolute own or contingenthold, whether due or could assert directly or indirectly, against Toshiba in any forum, arising out of or related to become due(a) the EPC Agreement and any and all related documents, whether disputed and (b) the Toshiba Guaranty; provided, however, that nothing in this Section 5.7(a) shall release Toshiba or undisputedany of the other Toshiba Released Parties from any obligation under any contract or agreement to which it is a party (other than the Toshiba Guaranty), whether known including this Agreement (including under Section 2.5), any other contract in connection with Toshiba’s or unknown any other Toshiba Released Party’s role as supplier to the Summer Facility, and any services agreements entered into by Toshiba and the Owners. For the avoidance of doubt, if a Third Party is both a Toshiba Third Party and a WEC Third Party, the release contained herein only pertains to such Third Party in its capacity as a Toshiba Third Party. (INCLUDINGb) Effective immediately upon the effectiveness of the release contemplated by Section 5.7(a), WITHOUT LIMITATIONToshiba, ANY OFFSETSon behalf of itself and its present and former agents, REDUCTIONSAffiliates, REBATEMENTprincipals, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) shareholders, stakeholders, predecessors, subsidiaries, successors and assigns, excluding the WEC Debtors and any subsidiaries thereof (collectively, the “Released ClaimsToshiba Releasing Parties”), for or because of any matters or things occurringtogether with the Owner Releasing Parties, existing or actions donethe “Releasing Parties”) hereby fully, omitted to be donefinally and forever releases, or suffered to be done by any acquits and discharges each of the Released PartiesOwners and each of their respective agents, in each caseAffiliates, on or prior to the date hereof executives, employees, attorneys, advisors, accountants, auditors, representatives, associates, directors, officers, partners, principals, insurers, predecessors, subsidiaries, successors, estates, heirs, executors, trusts, trustees, administrators, licensees and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby assigns (collectively, the “Owner Released MattersParties”), together with the Toshiba Released Parties, the “Released Parties”) from any and all manner of action, causes of action, claims, demands, lawsuits, attorneys’ fees and costs, losses, expenses, damages, right to equitable remedy if such breach gives rise to a right of payment, or liabilities of whatever kind and nature whatsoever, whether now known or unknown, asserted or unasserted, suspected or unsuspected, whether arising under federal, state, local, statutory, common, foreign or administrative Law, or any other Law, rule or regulation, whether fixed or contingent, accrued or unaccrued, liquidated or unliquidated, matured or unmatured, disputed or undisputed, at law or in equity, secured or unsecured that any of the Toshiba Releasing Parties heretofore had, or now or hereafter have, own or hold, or could assert directly or indirectly, against Toshiba in any forum, arising out of or related to (a) the EPC Agreement and any and all related documents, and (b) the Toshiba Guaranty; provided thathowever, for that nothing in this Section 5.7(b) shall release any of the avoidance of doubt, Owner Released Parties from any obligation under any other contract or agreement to which it is understood a party (other than the Toshiba Guaranty), including this Agreement, any other contract in connection with Toshiba’s or any other Toshiba Released Party’s role as supplier to the Summer Facility, and agreed any services agreements entered into by Toshiba and the parties hereto Owners. (c) The Releasing Parties are fully aware of the provisions of California Civil Code Section 1542, which provides as follows: Each of the Releasing Parties agrees to voluntarily waive the provisions of California Civil Code Section 1542 (or under any Law of any state or territory of the United States, or principle of common law, or under the Law of any foreign country, that is similar, comparable or equivalent to section 1542 of the California Civil Code) with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided claims released in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligations.5.7(a)

Release. For good and valuable consideration, the receipt and sufficiency of which are (a) Borrower hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, releases and forever discharges each LenderLender and its parents, the Administrative Agentsubsidiaries and affiliates, each Issuing Bankpast or present, the Collateral Agent and each of them, as well as their respective successors and permitted assignsdirectors, officers, directorsagents, servants, employees, shareholders, representatives, trustees, attorneys, agents administrators, executors, heirs, assigns, predecessors and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any successors in interest, and all actionsother persons, claimsfirms or corporations with whom any of the former have been, demandsare now, causes or may hereafter be affiliated, and each of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) them (collectively, the “Released Releasees”), from and against any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action in law or equity, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, fixed or contingent, suspected or unsuspected by Borrower, and whether concealed or hidden (collectively, “Claims”), for which Borrower now owns or because holds or has at any time heretofore owned or held, which are based upon or arise out of or in connection with any matters matter, cause or things occurring, thing existing at any time prior to the date hereof or actions anything done, omitted to be done, or suffered to be done by or omitted at any of the Released Parties, in each case, on or time prior to the date hereof and are in any way directly connection with the Loan Agreement or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby Documents (collectively, collectively the “Released Matters”); provided that. (b) Borrower represents, for the avoidance of doubtwarrants and agrees, that in executing and entering into this release, it is understood not relying and agreed have not relied upon any representation, promise or statement made by anyone which is not recited, contained or embodied in this Amendment, the parties hereto Loan Agreement or the other Loan Documents. Borrower has reviewed this release with respect Borrower’s legal counsel, and understands and acknowledges the significance and consequence of this release and of the specific waiver thereof contained herein. Borrower understands and expressly assumes the risk that any fact not recited, contained or embodied therein may turn out hereafter to be other than, different from, or contrary to the Released Claims facts now known to Borrower or believed by Borrower to be true. Nevertheless, Borrower intends by this release to release fully, finally and the forever all Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements this release shall be effective in this Section 14 are intended all respects notwithstanding any such difference in facts, and shall not be subject to cover termination, modification or rescission by reason of any such difference in facts. (c) Borrower, on behalf of itself and be in full satisfaction for all or any alleged injuries or damages arising in connection its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees each Releasee that it will not ▇▇▇ (at law, in equity, in any Released Party regulatory proceeding or otherwise) any Releasee on the basis of any Released Claim Claims released, remised and discharged by the Loan Parties Borrower pursuant to this Section 1410. In entering into this AmendmentIf Borrower violates the foregoing covenant, each Loan Party consulted withBorrower agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions costs incurred by any Releasee as a result of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligationsviolation.

Release. For good (a) The Employee and valuable consideration, anyone else claiming by or through the receipt Employee agree not to sue ▇▇▇ further agree to release KPMG and sufficiency of which are hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “other Released Parties” and individually a “Released Party”) from Parties with respect to any and all actionsclaims, whether currently known or unknown, that the Employee now has, has ever had, or may ever have, against KPMG or any of the other Released Parties arising from or related to the Employee's association with KPMG, compensation, benefits, other terms and conditions of association with KPMG, or the termination of such association, including, without limitation, any such claims that were or could have been asserted by the Employee or on the Employee's behalf: (x) in any federal, state, or local court, commission, or agency; (y) under any common law theory; or (z) under any employment, contract, tort, federal, state, or local law, regulation, ordinance, constitution or executive order. Notwithstanding the foregoing, nothing herein shall affect: (I) any rights to indemnification that the Employee may have under the KPMG Partnership Agreement, the KPMG Bylaws, or otherwise, or (II) any vested rights that the Employee may have under the Retirement Allowance Plan (as amended), under the Supplemental Retirement Allowance Plan (as amended), or under any other plan or policy providing retirement benefits to the Employee. The Employee represents and warrants that: the Employee is the sole owner of the actual or alleged claims, demands, rights, causes of action, judgmentsand other matters that are released in Sections 3.4(a) and (b); the same have not been transferred or assigned or caused to be transferred or assigned to any other person, executionsfirm, suits, debts, liabilities, costs, damages, expenses corporation or other obligations legal entity; and the Employee has the full right and power to grant, execute, and deliver the releases, undertakings, and agreements contained in this Agreement. (b) In the event that the Employee is or has been associated with KPMG in the State of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectivelyCalifornia, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any Employee has read and understands the following language contained in Section 1542 of the Released PartiesCalifornia Civil Code: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, in each case, on or prior to which if known by him must have materially affected his settlement with the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of debtor. Having reviewed this Amendmentprovision, the Credit Agreement, Employee nevertheless hereby voluntarily waives any other Loan Document, or any and all rights under this statutory provision and releases KPMG and each of the transactions contemplated hereby or thereby (collectively, the “other Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto Parties with respect to the Released Claims any and the Released Matters that no Loan Party is releasing, acquitting, waiving all unknown or discharging any defenses to expense reimbursement obligations unsuspected claims arising from or indemnification obligations that such Loan Party may have, related to the extent such defenses are expressly provided in Sections 10.04 Employee's association with KPMG, compensation, benefits, other terms and conditions of the Credit Agreement. Each Loan Partyassociation with KPMG, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendmentsuch association, including, without limitation, all such claims that were or could have been asserted by the Credit Agreement and Employee or on the other Loan Documents and payment Employee's behalf: (x) in full of the Obligationsany federal, state, or local court, commission, or agency; (y) under any common law theory; or (z) under any employment, contract, tort, federal, state or local law, regulation, ordinance, constitution or executive order.

Release. For In consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledgedacknowledged and agreed, each Loan Party herebyParty, for itself and its successors and successors, assigns, fully parents, subsidiaries, affiliates, predecessors, employees, agents, heirs and without reserveexecutors, as applicable (collectively, the “Releasors”), jointly and severally with each other Loan Party, releases, acquitsremises, acquits and forever discharges each Lender, the Administrative Agent, Agent and each Issuing Bank, the Collateral Agent Lender and each of their respective successors and permitted assignssubsidiaries, affiliates, officers, directors, employees, representatives, trusteesagents, attorneys, agents predecessors, successors and affiliates (collectively the “Released Parties” assigns, both present and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) former (collectively, the “Released ClaimsParties”)) of and from any and all manner of actions, for causes of action, torts, suits, debts, controversies, damages, judgments, executions, claims and demands whatsoever, asserted or because unasserted, in law or in equity, that exist or have occurred on or prior to the date of this Amendment, arising out of or relating to this Amendment or any matters other Loan Document which the Releasors ever had or things occurring, existing or actions done, omitted to be done, or suffered to be done by now have against any of the Released Parties, including any presently existing claim whether or not presently suspected, contemplated or anticipated. To the fullest extent permitted under Applicable Laws, the foregoing release applies to all Releasor claims, whether based in contract, tort or any other theory, and such release shall extend to each caseReleased Party notwithstanding the sole or concurrent negligence of every kind or character whatsoever, whether active or passive, whether an affirmative act or an omission, including without limitation, all types of negligent conduct identified in the Restatement (Second) of Torts, of one or more of the Released Parties or by reason of strict liability imposed without fault on any one or more of the Released Parties. Furthermore, each of the Loan Parties hereby covenants and agrees not to bring, commence, prosecute, maintain, or cause or permit to be brought, commenced, prosecuted or maintained, any suit or action, either in law or equity, in any court or before any other administrative or judicial authority, regarding any claim or cause of action such Person may have against the Administrative Agent or any Lender arising on or prior to the date hereof and are out of, in any way directly or indirectly arising out of connection with or in any way connected relating to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsDocuments.

Release. For good Each Seller Party, on its behalf and, to the extent permitted by Applicable Law, on behalf of any such Person’s Affiliates, heirs, executors, successors and valuable considerationassigns and all Persons or entities that might allege a Claim through such Person or Person’s behalf (collectively, the receipt and sufficiency of which are hereby acknowledged“Releasor Parties”), each Loan Party hereby, for itself to the extent permitted by Applicable Law, knowingly, fully, unconditionally and its successors and assigns, fully and without reserve, releases, irrevocably acquits, exonerates and forever discharges each Lenderirrevocably releases (except as provided below) Buyer, the Administrative Agent, each Issuing BankCompany, the Collateral Agent RE Company and each of their respective successors individual, joint or mutual, past, present and permitted assigns, future officers, directors, employeesmanagers and employees (in their respective capacities as such), representativessubsidiaries, trustees, attorneys, agents successor and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) assigns thereof (collectively, the “Released ClaimsParties”), for or because effective as of the Closing Date, from any matters or things occurringand all claims, existing or actions donedemands, omitted to be doneinquiries, investigations, counterclaims, arbitrations, proceedings, actions, causes of action, orders, judgments, obligations, contracts, agreements, debts and liabilities whatsoever that such Releasor Party had, may now have, or suffered to be done by may hereafter have, against any of the Released Parties, in each casewhether asserted or unasserted, on known or unknown, contingent or noncontingent, or past or present, arising or resulting from or relating, directly or indirectly, to any act, omission, event or occurrence prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected Closing relating to any of this Amendmentthe Company, the Credit AgreementMembership Interests or any rights or interests therein, including without limitation any distributions, dividends, severance, accrued compensation (other than ordinary course compensation which has been accrued as of the Closing Date in accordance with GAAP, and in amounts consistent with the compensation accruals reflected on the Interim Financial Statements, but not yet paid), deferred compensation, purchase options, call options, redemption rights, conversion rights, rights of first refusal, tag-along rights, preemptive rights or similar rights under the Company’s governing documents, any other Loan Documentconsulting agreements, or under any of other instrument, agreement or other contract to which the transactions contemplated hereby Company and such Releasor Party is or thereby was a party (collectively, the “Released MattersApplicable Claims”); provided that. Notwithstanding the foregoing, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements nothing in this Section 14 are intended 5.9 will be deemed to cover and be in full satisfaction for all constitute a release by any Person of any right of such Person under this Agreement or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settledrelated transaction documents. Each Loan Party hereby further agrees that it Seller Party, and any other Person claiming through the Seller Parties, will not ▇▇▇ forever refrain and forbear from commencing, instituting or prosecuting any suit, action or other proceeding of any kind whatsoever, by way of action, defense, set-off, cross-complaint or counterclaim, against any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance based on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsApplicable Claim.

Release. For good and valuable consideration, Effective as of the receipt and sufficiency of which are hereby acknowledgedClosing, each Loan Party herebySeller, for on behalf of itself and its successors Affiliates (provided that with respect to the Bregal Seller, such Affiliates shall be limited to the Affiliates of Bregal Sagemount I, L.P.), in its capacity as a holder of Equity Interests, hereby unconditionally and assigns, fully and without reserve, releases, acquits, irrevocably and forever releases and discharges each Lender, member of the Administrative Agent, each Issuing Bank, the Collateral Agent Company Group and their respective Affiliates and each of their respective successors and permitted assigns, and any present or former directors, managers, officers, directorsemployees or agents of such Person (each, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from ), of and from, and hereby unconditionally and irrevocably waive, any and all actions, claims, demandsdebts, losses, expenses, proceedings, covenants, liabilities, suits, judgments, damages, actions and causes of action, judgmentsobligations, executionsaccounts, suits, debts, liabilities, costs, damages, expenses or other obligations and liabilities of any kind and nature or character whatsoever, known or unknown, suspected or unsuspected, in contract, direct and/or or indirect, at law or in equity, whether now existing or hereafter assertedincluding, whether absolute or contingentwithout limitation, whether due or any management and consulting fees payable to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) such Seller that are accrued but unpaid following the Closing (collectively, the respective “Released Claims”)) that such Seller ever had, now has or ever may have or claim to have against any Released Party, for or because by reason of any matters matter, circumstance, event, action, inaction, omission, cause or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Partiesthing whatsoever, in each casecase arising from, relating to, or resulting from such Seller’s ownership of Equity Interests. Each Seller, on or prior to behalf of itself and its Affiliates, expressly waives all rights afforded by any statute which limits the date hereof and are in any way directly or indirectly arising out effect of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto a release with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreementunknown claims. Each Loan PartySeller, by execution hereofon behalf of itself and its Affiliates, hereby understands the significance of this release of unknown claims and waiver of statutory protection against a release of unknown claims, and acknowledges and agrees that this waiver is an essential and material term of this Agreement. Each Seller, on behalf of itself and its Affiliates, acknowledges that the agreements Company will be relying on the waiver and release provided in this Section 14 are intended 9.10 in connection with entering into this Agreement. Notwithstanding anything to cover the contrary set forth herein, no Seller releases, discharges, or waives, and be in full satisfaction nothing herein shall operate to release, discharge, or waive, any (i) rights or claims of such Seller under or for all breach of the terms of this Agreement or any alleged injuries or damages arising other agreement entered into in connection with the Released Matters herein compromised transactions contemplated hereby, (ii) claims for accrued and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ unpaid compensation or benefits accrued by such Seller in connection with such Seller’s status as a present or former director, officer, employee or consultant of the Company Group (other than in connection with such Seller’s ownership of MIUs), and (iii) any Released Party on the basis rights to indemnification, advancement of expenses or exculpation existing in favor of any Released Claim releasedSeller under Section 9.7 in connection with such Seller’s status as a present or former director, remised officer, employee, fiduciary and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any agent of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsCompany Group.

Release. For good and valuable consideration, the receipt and sufficiency of which are (a) Each Note Party hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and the Purchaser, and each and every past and present subsidiary, affiliate, stockholder, officer, director, agent, servant, employee, representative, and attorney of their respective successors Collateral Agent and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates the Purchaser (collectively the “Released Parties” and individually each a “Released PartyReleasee”) ), from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liens, obligations, liabilities, costsdemands, damageslosses, costs and expenses or other obligations (including attorneys' fees) of any kind and kind, character, or nature whatsoever, direct and/or indirectknown or unknown, at law or in equity, whether now existing or hereafter asserted, whether absolute fixed or contingent, whether due which such Note Party may have or claim to become due, whether disputed have now or undisputed, whether known which may hereafter arise out of or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for connected with any act of commission or because omission of any matters or things occurring, Releasee existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, occurring on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this AmendmentAmendment or any instrument executed on or prior to the date of this Amendment including, the Credit Agreementwithout limitation, any other Loan Documentclaims, liabilities or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto obligations arising with respect to the Released Claims Note Purchase Agreement or the other of the Note Documents. The provisions of this paragraph shall be binding upon each Note Party and shall inure to the benefit of Releasees, and their respective heirs, executors, administrators, successors and assigns, and the Released Matters that no Loan other released parties set forth herein. No Note Party is releasingaware of any claim or offset against, acquittingor defense or counterclaim to, waiving or discharging any defenses to expense reimbursement Note Party’s obligations or indemnification obligations that such Loan Party may have, to liabilities under the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all Note Purchase Agreement or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofother Note Document. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligations., full performance of the terms of this Amendment and the Note Documents, and/or Collateral Agent’s or the Purchaser’s actions to exercise any remedy available under the Note Documents or otherwise. Each Note Party warrants and represents that such Note Party is the sole and lawful owner of all right, title and interest in and to all of the claims released hereby and each Note Party has not heretofore voluntarily, by operation of law or otherwise, assigned or transferred or ​ ​ ​ purported to assign or transfer to any person any such claim or any portion thereof. ​ ​ ​ ​ ​

Release. For good and valuable considerationIn consideration of, among other things, the receipt Lenders’ execution and sufficiency delivery of which are hereby acknowledgedthis Fourth Amendment, each Loan Party herebyof the Credit Parties, for on behalf of itself and its successors and assignsassigns (collectively, fully “Releasors”), hereby forever waives, releases and without reserve, releases, acquitsdischarges to the fullest extent permitted by law, and forever discharges hereby agrees to hold each LenderReleasee (as defined below) harmless from, any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), causes of action, demands, suits, costs and expenses, and damages (collectively, the “Claims”), that any Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against the Administrative Agent, each Issuing Bankthe Lenders and their respective affiliates, shareholders and “controlling persons” (within the Collateral Agent meaning of the federal securities laws), and each of their respective successors and permitted assigns, assigns and each and all of the officers, directors, employees, representativesconsultants, trusteesagents, attorneys, agents attorneys and affiliates (collectively other representatives of each of the “Released Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) foregoing (collectively, the “Released ClaimsReleasees”), for based in whole or because of any matters in part on facts, whether or things occurringnot now known, existing on or actions done, omitted before the execution of this Fourth Amendment; provided that (a) such release shall only relate to be done, Claims arising directly and primarily from or suffered relating directly and primarily to be done by any the Loan Documents and (b) such release shall not apply to Claims resulting from the gross negligence or willful misconduct of the Released Parties, in each case, on or prior Releasee relating directly and primarily to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14Documents. In entering into this Fourth Amendment, each Loan Party of the Credit Parties, has consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties Releasees and hereby agrees agree and acknowledges acknowledge that the validity and effectiveness of the releases set forth herein above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 3.1 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligations.

Release. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each LenderSecured Party, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their its respective successors and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof Effective Date and are in any way directly or indirectly arising out of or in any way connected to any of this AmendmentAgreement, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 9 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 149. In entering into this AmendmentAgreement, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims disclaim any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 9 shall survive the occurrence of the termination of this AmendmentAgreement, the Credit Agreement and the other Loan Documents and payment in full of the Obligations.

Release. For good In consideration of, among other things, Investor’s execution and valuable considerationdelivery of this Agreement, each of the Company, any party claiming on behalf of the Company, the receipt Company’s equityholders and sufficiency residual claimants and the respective successors and assigns of which are each (collectively, the “Releasors”), hereby acknowledgedforever agrees and covenants not to ▇▇▇ or prosecute against the Releasees (as defined in this Section 12.20) and hereby forever waives, releases and discharges each Loan Party herebyReleasee from, for itself any and all claims (including, without limitation, cross-claims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, torts, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “Claims”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether arising at law or in equity, against Investor in any capacity and its successors shareholders and assigns, fully and without reserve, releases, acquits“controlling persons” (within the meaning of the federal securities laws), and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, assigns and each and all of the officers, directors, employees, representatives, trusteesagents, attorneys, agents advisors, auditors, consultants, Affiliates and affiliates (collectively other representatives of each of the “Released Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) foregoing (collectively, the “Released ClaimsReleasees”), for based in whole or because of any matters in part on facts whether or things occurringnot now known, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to before the date hereof and are in any way directly or indirectly arising hereof, that relate to, arise out of or otherwise are in any way connected to any of connection with this Amendment, the Credit Agreement, any other Loan Document, Agreement or any of the Transaction Documents or any transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by in connection therewith or the negotiation thereof, provided, however, that the foregoing shall not release Investor or Guarantor from the express obligations of either under this Agreement or any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofTransaction Documents. The provisions of this Section 14 12.20 shall survive the occurrence of the expiration and termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full any of the ObligationsTransaction Documents.

Release. For good A. Each of the Releasing Parties desires and valuable considerationintends fully to compromise, release and settle any and all of the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent Released Claims; and each of their respective successors the Releasing Parties hereby covenants, warrants and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any represents unto each of the Released PartiesParties that such Releasing Party does hereby FOREVER RELEASE, in ACQUIT, WAIVE AND DISCHARGE each case, on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance Parties of doubt, it is understood and agreed by the parties hereto with respect to from the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 each of the Credit AgreementReleasing Parties hereby declares the same FOREVER RELEASED, ACQUITTED, WAIVED, SETTLED AND DISCHARGED. This release is effective without regard to whether (i) such Released Claims are known or unknown, (ii) damages arising out of such Released Claims have yet accrued, (iii) such Released Claims arose collaterally, directly, derivatively, or otherwise between the parties hereto or (iv) an ordinary person in the same or similar circumstances would or would not, through the exercise of due care, have discovered such claims by the date of this Fifth Amendment. In connection with the foregoing release: B. Each Loan Partyof the Borrower, QSRD and each Subsidiary Guarantor represents and warrants that it has the full power and authority to perform the release granted in this Section 6 and that it has not in any manner made any assignment of any Released Claim to any third party. C. The release granted in this Section 6 will be effective upon execution of this Fifth Amendment by execution hereof, hereby acknowledges all of the parties hereto. D. Each party executing this Fifth Amendment understands and agrees that the agreements release granted in this Section 14 are intended to cover 6 is a full, final and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any complete release of the Released Parties Claims and hereby agrees that such release may be pleaded as an absolute and acknowledges that the validity and effectiveness final bar to any or all suits which may hereafter be filed or prosecuted by any one or more of the releases set forth herein do not depend in Releasing Parties or anyone claiming by, through or under any way on any such representations, acts and/or omissions one or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence more of the termination Releasing Parties in respect of this Amendment, the Credit Agreement and the other Loan Documents and payment in full any of the Obligations.the

Release. For good Each of Assignor and valuable considerationAssignee (the “Releasing Party”), the receipt and sufficiency on behalf of which are hereby acknowledgeditself, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, hereby completely releases and forever discharges each Lenderthe other party (the “Released Party” and the Released Party’s past, the Administrative Agent, each Issuing Bank, the Collateral Agent present and each of their respective future successors and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents assigns (such Released Party and affiliates (its successors and assigns being individually called a “Releasee” and collectively the “Released Parties” and individually a “Released PartyReleasees”) from any and all actions, claims, disputes, demands, proceedings, arbitrations, causes of action, judgments, executions, suits, debts, liabilities, costsrights, damages, expenses or other obligations of any kind obligations, contracts, agreements, debts and nature liabilities whatsoever, direct and/or indirectwhether known or unknown, suspected or unsuspected, or whether at law or in equity, whether which the Releasing Party or any of its successors or assigns now existing has, has ever had or may hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by have against any of the Releasees arising on account of, or arising out of any matter relating to: (a) CR-3 (as defined in the Acquisition Agreement); (b) the Releasing Party’s interests therein; (c) the Participation Agreement; (d) the Released PartiesParty’s covenants, in each caseobligations, on duties, representations, warranties, or prior actions under or pursuant to the date hereof Participation Agreement; or (e) the construction, operation, maintenance or use of CR-3. Provided however, that notwithstanding the other provisions of the Section 4: (i) Assignor does not hereby release or discharge Releasees with respect to any claims by third parties insofar as Assignor may be, or may have been, but for the execution of this Agreement, entitled to indemnification or contribution from or against any Releasees for any liability arising out of such claims; and are (ii) neither party releases the Releasees with respect to any obligations of the Released Party under the Acquisition Agreement, including the Settlement-Related Documents, as defined therein. Without in any way limiting any of the rights and remedies otherwise available to any Releasee, each party, to the extent not prohibited by Florida law, shall indemnify and hold harmless each Releasee from and against all loss, liability, claim, damage (including, without limitation, incidental and consequential damages) or expense (including, without limitation, costs of investigation and defense and reasonable attorney’s fees and costs) arising directly or indirectly arising out of from or in any way connected to any connection with the assertion by or on behalf of this Amendment, the Credit Agreement, any other Loan DocumentReleasing party, or any of the transactions contemplated hereby Releasing Party’s successors or thereby (collectivelyassigns, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties claim or other matter purported to be released pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligationsrelease.

Release. For good and valuable consideration, the receipt and sufficiency of which are (a) Each Note Party hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors the Purchasers, and permitted assignseach and every past and present subsidiary, officersaffiliate, directorsstockholder, employeesofficer, representativesdirector, trusteesagent, attorneysservant, agents employee, representative, and affiliates attorney of Collateral Agent and the Purchasers (collectively the “Released Parties” and individually each a “Released PartyReleasee”) ), from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liens, obligations, liabilities, costsdemands, damageslosses, costs and expenses or other obligations (including attorneys' fees) of any kind and kind, character, or nature whatsoever, direct and/or indirectknown or unknown, at law or in equity, whether now existing or hereafter asserted, whether absolute fixed or contingent, whether due which such Note Party may have or claim to become due, whether disputed have now or undisputed, whether known which may hereafter arise out of or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for connected with any act of commission or because omission of any matters or things occurring, Releasee existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, occurring on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this AmendmentSeventh Amendment or any instrument executed on or prior to the date of this Seventh Amendment including, the Credit Agreementwithout limitation, any other Loan Documentclaims, liabilities or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto obligations arising with respect to the Released Claims Note Purchase Agreement or the other of the Note Documents. The provisions of this paragraph shall be binding upon each Note Party and shall inure to the benefit of Releasees, and their respective heirs, executors, administrators, successors and assigns, and the Released Matters that no Loan other released parties set forth herein. No Note Party is releasingaware of any claim or offset against, acquittingor defense or counterclaim to, waiving or discharging any defenses to expense reimbursement Note Party’s obligations or indemnification obligations that such Loan Party may have, to liabilities under the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all Note Purchase Agreement or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofother Note Document. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligations, full performance of the terms of this Seventh Amendment and the Note Documents, and/or Collateral Agent’s or each Purchaser’s actions to exercise any remedy available under the Note Documents or otherwise. Each Note Party warrants and represents that such Note Party is the sole and lawful owner of all right, title and interest in and to all of the claims released hereby and each Note Party has not heretofore voluntarily, by operation of law or otherwise, assigned or transferred or purported to assign or transfer to any person any such claim or any portion thereof.

Release. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, hereby releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors the Lenders, and permitted assignseach and every past and present subsidiary, officersaffiliate, directorsstockholder, employeesofficer, representativesdirector, trusteesagent, attorneysservant, agents employee, representative, and affiliates (collectively attorney of Agent and the “Released Parties” and individually a “Released Party”) Lenders, from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liens, obligations, liabilities, costsdemands, damageslosses, costs and expenses or other obligations (including reasonable attorneys' fees) of any kind and kind, character, or nature whatsoever, direct and/or indirectknown or unknown, at law or in equity, whether now existing or hereafter asserted, whether absolute fixed or contingent, whether due which such Loan Party may have or claim to become due, whether disputed have now or undisputed, whether known which may hereafter arise out of or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, connected with any act of commission or omission of Agent or the “Released Claims”), for or because of any matters or things occurring, Lenders existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or occurring prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this AmendmentAmendment or any instrument executed prior to the date of this Amendment including, the Credit Agreementwithout limitation, any other Loan Documentclaims, liabilities or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto obligations arising with respect to the Released Claims and Loan Agreement or the Released Matters that no Loan Party is releasingother of the Transaction Documents, acquittingother than claims, waiving liabilities or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, caused by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all Agent's or any alleged injuries Lender's own gross negligence or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis willful misconduct as determined by a final non-appealable judgment of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any a court of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofcompetent jurisdiction. The provisions of this Section 14 paragraph shall survive be binding upon each Loan Party and shall inure to the occurrence benefit of Agent, the Lenders, and their respective heirs, executors, administrators, successors and assigns. [remainder of page intentionally left blank] IN WITNESS WHEREOF, this Amendment has been dully executed as of the termination of this Amendmentdate first written above. By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: VP, the Credit Agreement Finance and the other Chief Financial Officer XOMA CORPORATION, as a Loan Documents Party By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: VP, Finance and payment in full of the Obligations.Chief Financial Officer XOMA TECHNOLOGY Ltd., as a Loan Party By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: CEO XOMA IRELAND LIMITED, as a Loan Party By: Name: Title:

Release. For (a) In consideration of the execution, delivery and performance by Hi Solutions of this Agreement and the other Transaction Documents, and for other good and valuable consideration, the receipt and sufficiency of which are is hereby acknowledged, each Loan Party herebyeffective as of the Closing, for itself the Seller, on Seller’s own behalf and its successors on behalf of Seller’s respective successors, predecessors and assignsassigns (each, fully and without reserve, releases, acquits, a “Releasor”) hereby releases and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent Company and each of its parents, Subsidiaries, Affiliates (that currently exist or may exist in the future (which shall include Hi Solutions following the Closing)), successors, assigns and predecessors and their respective successors present and permitted assignsformer owners, members, directors, officers, directorsemployees, employeesagents, attorneys, representatives, trusteessuccessors, attorneysbeneficiaries and heirs (individually, agents and affiliates (collectively the a “Released PartiesReleasee,” and individually a collectively, “Released PartyReleasees”) from any and all actions, claims, demands, Proceedings, causes of action, judgmentsOrders, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind Losses and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) Liabilities whatsoever and all consequences thereof (collectively, the “Released Claims”), for whether known or because unknown, suspected or unsuspected, both at law and in equity, which Seller or any Releasor now has, has ever had or may hereafter have against any Releasee arising prior to the Closing or on account of or arising out of any matters matter, cause or things occurringevent occurring prior to the Closing. For the avoidance of doubt, existing nothing contained herein will operate to release any obligations of Hi Solutions or actions donethe Company arising on or after the Closing Date under this Agreement or any other Transaction Document (each, omitted an “Excluded Claim”). Seller, on behalf of Seller and each other Releasor, agrees that this Section 6.10 shall act as a release of all Released Claims, whether such Released Claims are currently known or unknown, foreseen or unforeseen, contingent or absolute, asserted or unasserted, and the Seller, on behalf of himself or herself and each other Releasor, intentionally and specifically waives any statute or rule which may prohibit the release of future rights or a release with respect to unknown claims. The Releasees are intended third party beneficiaries of this Section 6.10, and this Section 6.10 may be doneenforced by each of them in accordance with the terms hereof in respect of the rights granted to such Releasees hereunder. If any provision of this Section 6.10 is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Section 6.10 will remain in full force and effect. Any provision of this Section 6.10 held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. (b) Each Releasor irrevocably covenants that it will not, directly or indirectly, ▇▇▇, commence any Proceeding against, or suffered to be done by make any demand upon any Releasee in respect of any of the Released Parties, in each case, on or prior matters released and discharged pursuant to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”Section 6.10(a); provided thatprovided, however, for the avoidance of doubt, it this Section 6.10(b) shall not prohibit the right to ▇▇▇, commence any Proceeding against or make any demand upon a Releasee if such action is understood and agreed by the parties hereto based upon an Excluded Claim. (c) Other than with respect to the Excluded Claims, the release provided for in Section 6.10(a) may be pleaded by any of the Releasees as a full and complete defense and may be used as the basis for an injunction against any action at law or equity instituted or maintained against any of them in violation of this Section 6.10. If any Released Claims Claim is brought or maintained by any Releasor against any Releasee in violation of such release, such Releasor will be responsible for all costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Releasee in defending same. (d) Each Releasor hereby warrants, represents and agrees that such Releasor has not heretofore assigned, subrogated or transferred, or purported to assign, subrogate or transfer to any Person any Released Claim hereinabove released. Each Releasor hereby agrees to indemnify, defend and hold harmless each Releasee from any such assignment, subrogation or transfer of Released Claims. (e) Each Releasor hereby warrants and represents that, in providing the release contemplated in this Section 6.10, such Releasor does so with full knowledge of any and all rights that such Releasor may have with respect to the matters set forth in this Section 6.10 and the Released Matters that no Loan Party is releasingClaims released hereby, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, Releasor has had the opportunity to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted withseek, and has been represented byadvised to seek, independent legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of advice with respect to the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases matters set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents Released Claims released hereby and payment in full with respect to the rights and asserted rights arising out of the Obligationssuch matters, and that such Releasor is providing such release of such Releasor’s own free will.

Release. For good Borrower hereby acknowledges and valuable consideration, the receipt and sufficiency agrees that: (a) to its knowledge neither it nor any of which are hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each Affiliates have any claim or cause of their respective successors and permitted assignsaction against Bank (or any of its Affiliates, officers, directors, employees, representativesattorneys, trusteesconsultants or agents) under the Loan Agreement as of the date hereof and (b) to its knowledge, as of the date hereof, Bank has heretofore properly performed and satisfied in a timely manner all of its obligations to Borrower under the Loan Agreement. Notwithstanding the foregoing, Bank wishes to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of Bank’s rights, interests and/or remedies under the Loan Agreement. Accordingly, for and in consideration of the agreements contained in this Third Amendment and other good and valuable consideration, Borrower (for itself and its Affiliates and the successors and assigns of each of the foregoing) (each a “Releasor” and collectively, the “Releasors”) does hereby fully, finally, unconditionally and irrevocably release and forever discharge Bank and its Affiliates, officers, directors, employees, attorneys, consultants and agents (each a “Released Party” and affiliates (collectively collectively, the “Released Parties” and individually a “Released Party”) from any and all actionsdebts, claims, obligations, damages, costs, attorneys’ fees, suits, demands, liabilities, actions, proceedings and causes of action, judgmentsin each case, executionswhether known or unknown, suits, debts, liabilities, costs, damages, expenses contingent or other obligations of any kind and nature whatsoeverfixed, direct and/or or indirect, at and of whatever nature or description, and whether in law or in equity, whether now existing under contract, tort, statute or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Partiesotherwise, in each case, case that exist or have occurred on or prior to the date of this Third Amendment which any Releasor has heretofore had or now shall or may have against any Released Party by reason of any act, omission or thing whatsoever done or omitted to be done, except for a Released Party’s gross negligence or willful misconduct as determined by a final, non-appealable judgment of a court of competent jurisdiction, prior to the date hereof and are arising out of, connected with or related in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Loan Agreement, any other Loan Document, or any of act, event or transaction related or attendant thereto, or Bank’s agreements contained therein, or the transactions contemplated hereby possession, use, operation or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising control in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis therewith of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness assets of the releases set forth herein do not depend in any way on any such representationsBorrower, acts and/or omissions or the accuracymaking of any advance thereunder, completeness or validity hereof. The provisions the management of such advance, in each case on or prior to the date of this Section 14 shall survive the occurrence of the termination of this Third Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligations.

Release. For Each Seller Party hereby, for itself and all of its direct and indirect Affiliates, Subsidiaries and its and their respective past, present and future successors, assigns, heirs, equity holders, partners, members, officers, directors, managers, representatives, attorneys, employees, agents and any other persons or entities who could claim through or on its behalf (each, a “Seller Releasing Party”), subject to the terms and conditions set forth herein and in consideration of the covenants and promises set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are is hereby acknowledged, each Loan Party hereby, for itself and its successors and assignsacknowledged by such Seller Releasing Party, fully and without reserve, unconditionally releases, acquits, acquits and forever discharges each LenderParent and all of its direct and indirect Affiliates, the Administrative Agent, each Issuing Bank, the Collateral Agent Subsidiaries and each of its and their respective successors past, present and permitted future successors, assigns, heirs, equity holders, partners, members, officers, directors, employeesmanagers, representatives, trustees, attorneys, employees and agents and affiliates in their capacities as such (collectively collectively, the “Parent Released Parties” and individually a “Released Party”) ), from any and all past or present actions, claims, demands, causes of action, claims, counterclaims, demands, suits, rights, losses, liabilities, damages, bonds, bills, covenants, contracts, controversies, debts, dues, omissions, promises, variances, trespasses, judgments, executions, suits, debts, liabilities, costs, damagesexpenses, expenses and compensation or other obligations relief of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputednature, whether known or unknown (INCLUDINGunknown, WITHOUT LIMITATIONmatured or unmatured, ANY OFFSETSsuspected or unsuspected, REDUCTIONSfixed, REBATEMENTcontingent, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) liquidated or unliquidated, accrued or unaccrued, asserted or unasserted or otherwise, whether arising under federal, state, local or foreign statute, law, rule, regulation or common law or in equity (collectively, the “Released Claims”), for which such Seller Releasing Party ever had or because now has or which such Seller Releasing Party hereafter can, shall or may have against each Parent Released Party which in any way relate to or arise out of any matters or things occurringthe Merger Agreement, existing or actions done, omitted to be done, or suffered to be done by any of the Transaction Documents, the Seller Claims or any other agreement or transaction with a Parent Released Parties, in each case, on Party entered into or consummated prior to the date hereof hereof, (each such claim, a “Seller Released Claim”). The foregoing notwithstanding, it is expressly understood and agreed that the Seller Releasing Parties are in not releasing or discharging the Parent Released Parties from (a) obligations they may have under Section 6.11 (Indemnification of Directors and Officers) and 6.12 (Parent Board Designees) of the Merger Agreement (together the “Surviving Covenants”); (b) obligations they may have under Section 10.4 (Confidentiality) of the Merger Agreement; (c) obligations they may have under Article 7 of each of the Closing Agreements (the “Surviving Closing Agreement Provisions”); (d) obligations they may have under the Registration Rights Agreement; and (e) claims the Seller Releasing Parties may have with respect to payment, reimbursement, indemnification or other similar obligations on account of the service by any way directly or indirectly arising out Seller Releasing Party on the board of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, Parent or any of the transactions contemplated hereby or thereby (collectivelyits Subsidiaries. Further, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Seller Releasing Party is releasing, acquitting, waiving releasing or discharging any defenses to expense reimbursement the Parent Released Parties from the obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 and agreements of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Parent Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties expressly established pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsAgreement.

Release. For (a) Each Borrower hereby acknowledges and agrees that: (i) no Borrower has any claim or cause of action against the Lender (or any of its Affiliates or its or their officers, directors, employees, managers, members, partner, shareholders, attorneys or consultants) in connection with the Loan Documents and (ii) the Lender has heretofore properly performed and satisfied in a timely manner all of its obligations to Borrower under the Loan Agreement and the other Loan Documents that are required to have been performed on or prior to the date hereof. Notwithstanding the foregoing, the Lender wishes (and Borrower agrees) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of the Lender’s rights, interests, security and/or remedies under the Loan Agreement and the other Loan Documents. Accordingly, for and in consideration of the agreements contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby, Borrower (for itself and its successors each other Borrower and the successors, assigns, fully heirs and without reserverepresentatives of each of the foregoing) (collectively, releasesthe “Releasors”) does hereby fully, acquitsfinally, unconditionally and irrevocably release and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent discharge Lender and each of its Affiliates and its and their respective successors and permitted assignsmanagers, members, partners, officers, directors, employees, representativesshareholders attorneys and consultants in their capacities as or for the Lender (collectively, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actionsdebts, claims, obligations, damages, costs, attorneys’ fees, suits, demands, liabilities, actions, proceedings and causes of action, judgmentsin each case, executionswhether known or unknown, suits, debts, liabilities, costs, damages, expenses contingent or other obligations of any kind and nature whatsoeverfixed, direct and/or or indirect, at and of whatever nature or description, and whether in law or in equity, whether under contract, tort, statute or otherwise, which any Releasor has heretofore had or now existing or hereafter assertedcan, whether absolute shall or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “may have against any Released Claims”), for or because Party by reason of any matters act, omission or things occurring, existing thing whatsoever done or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of of, connected with or in any way connected related to any of this Amendment, the Credit Agreement, Loan Agreement or any other Loan Document, or any act, event or transaction related or attendant thereto, or the agreements of the transactions contemplated hereby Lender contained therein, or thereby (collectivelythe possession, use, operation or control of any of the “Released Matters”); provided thatassets of any Borrower, for or the avoidance making of doubtany Loans or other Advances, it is understood and agreed by or the parties hereto with respect to management of such Loans or Advances or the Released Claims and the Released Matters that no Loan Party is releasingCollateral, acquittingin each case, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, solely to the extent such defenses are expressly provided in Sections 10.04 of arising from any act, omission or thing whatsoever done or omitted to be done on or prior to the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsFifth Amendment Effective Date.

Release. For good Each Party hereto hereby unconditionally and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party hereby, for itself and its successors and assigns, fully and without reserveirrevocably waives, releases, acquits, remises and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actionsrights, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses claims or other obligations losses of any kind and nature whatsoevertype that it has had, direct and/or indirect, at law now has or in equity, whether might now existing or hereafter asserted, whether absolute have against the other Party or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of its Affiliates in respect of, relating to or arising in connection with any breach of the Released Parties, Purchase Agreement in each case, on or case prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment. Each Party hereby irrevocably covenants to refrain from, the Credit Agreementdirectly or indirectly, asserting any claim or demand, or commencing, instituting or causing to be commenced or voluntarily aiding, any proceeding of any kind against the other Loan Document, Party or any of its Affiliates, based upon any matter purported to be released hereby, including, without any limitation, any actions, suits, demands, claims, complaints, litigation, investigations, reviews, audits, formal proceedings, arbitrations, hearings, executions, judgments, duties, debts, dues, accounts, bonds, contracts and covenants (whether express or implied), and claims and demands whatsoever whether in law or in equity (whether based upon contract, tort or otherwise) which the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan applicable Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by have against any of the Released Parties and hereby agrees and acknowledges that other Party or its Affiliates, now or in the validity and effectiveness ​ ​ ​ future, in each case in respect of any cause, matter or thing relating to any breach of the releases set forth herein do not depend Purchase Agreement, in any way on any such representations, acts and/or omissions or each case prior to the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination date of this Amendment, the Credit Agreement and the other Loan Documents and payment in full . The parties hereto acknowledge that this Section 9 is not an admission of liability or of the Obligationsaccuracy of any alleged fact or claim. The parties hereto expressly agree that this Section 9 shall not be construed as an admission in any proceeding as evidence of or an admission by any party of any violation or wrongdoing. Notwithstanding anything else, in the event that a Party materially breaches its obligations under Section 2(b) of the Purchase Agreement, as amended by this Amendment (or, in the case of Guarantor, under Section 5 of the Purchaser Agreement, as amended by this Amendment), this Section 9 (other than this sentence) shall be deemed null and void and of no further force or effect.

Release. For In consideration of the agreements of Lender contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Loan Party, on behalf of itself and its successors and assigns, and its present and former members, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other representatives (each Loan Party herebyand all such other Persons being hereinafter referred to collectively as the “Releasing Parties” and individually as a “Releasing Party”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Lender and its successors and assigns, and its present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other representatives (all such Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set‑off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every kind and nature, actually known at law or in equity, which any Releasing Party now own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the date of this Amendment for or on account of, or in relation to, or in any way in connection with this Amendment, the Credit Agreement, or any of the other Loan Documents or any of the transactions hereunder or thereunder. Each Loan Party understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense to any Claim released thereby, and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. Each Loan Party agrees that no fact, event, circumstance, evidence or transaction which could now be asserted shall affect in any manner the final, absolute and unconditional nature of the release set forth above. Each of the Releasing Parties hereby absolutely, unconditionally and irrevocably, covenants and agrees with, and in favor of, each Releasee that it will not s▇▇ (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim expressly released, remised and discharged by any Releasing Party pursuant to this Section 6(d). If any Releasing Party violates the foregoing covenant, each Loan Party, for itself and its successors and assigns, fully and without reserveits present and former members, releasesshareholders, acquitsaffiliates, and forever discharges each Lendersubsidiaries, the Administrative Agentdivisions, each Issuing Bankpredecessors, the Collateral Agent and each of their respective successors and permitted assignsdirectors, officers, directorsattorneys, employees, agents, legal representatives and other representatives, trusteesjointly and severally agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all reasonable attorneys, agents ' fees and affiliates (collectively the “Released Parties” and individually a “Released Party”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done costs incurred by any Releasee as a result of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it is understood and agreed by the parties hereto with respect to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 14 shall survive the occurrence of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the Obligationsviolation.

Release. For good and valuable consideration, the receipt and sufficiency By execution of which are hereby acknowledgedthis Agreement, each Loan Party herebyof the Credit Parties, singly and for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each Lender, the Administrative Agent, each Issuing Bank, the Collateral Agent and each of their respective successors and permitted assigns, jointly and severally hereby acknowledges and confirms that the Credit Parties do not have, either singly or jointly, any offsets, defenses, rights of recoupment or claims of any kind or nature against the Administrative Agent or the Lenders or any of their officers, agents, directors or employees, whether asserted or unasserted arising from or in any way related to the Fundamental Documents, this Amendment, the Obligations and the transactions contemplated thereby or hereby. To the extent that any Credit party may have such offsets, defenses, rights or recoupment or claims, each Credit Party and each of its respective successors, assigns, parents, subsidiaries, affiliates, predecessors, employees and agents, as applicable, jointly and severally, releases and forever discharges the Administrative Agent and the Lenders, their subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, trusteesagents, attorneys, agents successors and affiliates assigns, both present and former (collectively the “Released Parties” Lenders’ Affiliates”), of and individually a “Released Party”) from any and all manner of action and actions, claims, demands, cause and causes of action, judgments, executions, suits, debts, liabilities, costscontroversies, damages, expenses or other obligations of any kind judgment, executions, claims and nature demands whatsoever, direct and/or indirectasserted or unasserted, at in law or in equityequity which any Credit Party ever had, whether now existing have or hereafter assertedwhich any Credit Party’s successors, whether absolute assigns, parents, subsidiaries, affiliates, predecessors, employees or contingentagents, whether due as applicable, both present and former, ever had or to become duenow has, whether disputed upon or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “Released Claims”), for or because by reason of any matters manner, cause, causes or things occurringthing whatsoever, existing or actions doneincluding, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the date hereof and are in any way directly or indirectly arising out of or in any way connected to any of this Amendment, the Credit Agreementwithout limitation, any other Loan Documentpresently existing claim or defense whether or not presently suspected, contemplated or any of anticipated against the transactions contemplated hereby Lenders or thereby (collectively, the “Released Matters”); provided that, for the avoidance of doubt, it Lenders’ Affiliates. It is understood and agreed that the release set forth above will not be impaired or otherwise affected by the parties hereto with respect occurrence of an Event of Default and the Administrative Agent’s exercise of any rights and remedies available to the Released Claims and the Released Matters that no Loan Party is releasing, acquitting, waiving or discharging any defenses to expense reimbursement obligations or indemnification obligations that such Loan Party may have, to the extent such defenses are expressly provided in Sections 10.04 of the Credit Agreement. Each Loan Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 14 are intended to cover and be in full satisfaction for all Administrative Agent or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Loan Party hereby further agrees that it will not ▇▇▇ any Released Party on the basis of any Released Claim released, remised and discharged by the Loan Parties pursuant to this Section 14. In entering into this Amendment, each Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereofLender. The provisions of this Section 14 shall survive be effective and binding upon the occurrence Credit Parties and enforceable by the Administrative Agent and the Lenders as of the termination of this Amendment, the Credit Agreement and the other Loan Documents and payment in full of the ObligationsEffective Date.