Releasors. This General Release is being made by you for yourself and on behalf of your heirs, executors, administrators, dependents, trustees, legal representatives and assigns.
Releasors intending to be legally bound and for and in consideration of the benefits described in the Agreement, do for themselves, their heirs, executors, administrators, representatives, successors and assigns hereby remise, release and forever discharge Xxxxxx Xxxxxxxxxx, Xxxxx Xxxxxxx and their affiliates (the "Releasees"), from any and all actions and causes of action, claims and demands, suits, damages including liquidated damages, attorneys' fees, expenses, debts, dues, accounts, bonds, covenants, contracts, agreements and compensation whatsoever and from any claims for retaliation, and from any and all other claims of any nature whatsoever against the Releasees, whether known or unknown or whether asserted or unasserted, arising with respect to the transactions contemplated by the Recapitalization Agreement (as such term is defined in the Recapitalization Agreement), including any claim for attorneys' fees and costs, from the beginning of time to the date of the Agreement; provided, however, that in the event that Releasors indemnifies the Company or the Purchaser Indemnitees with respect to one or more breaches of representations and warranties pursuant to the Recapitalization Agreement in an aggregate amount greater than $6 million, Releasors do not release and specifically reserve their right to xxx a Releasee in the event such Releasee knowingly caused such representations to be inaccurate, but such right to xxx will be limited to the recovery of amounts paid by Releasors to the Company or the Purchaser Indemnitees in excess of $6 million with respect to such breaches of representations and warranties in the Recapitalization Agreement. Releasors specifically do not release Xxxxx Xxxxxxx with respect to any contribution rights they may have against Xxxxx Xxxxxxx for his pro rata share of any indemnification payments he is obligated to pay as a Current Owner pursuant to the Recapitalization Agreement.
Releasors intending to be legally bound, have voluntarily executed this Release with full understanding of the contents hereof and after having had ample time to review and study the Agreement and this Release. * * * * * Signed and executed this ____ day of April, 1999. ___________________________ XXX X. XXXXXXX XXXXXXX IRON AND METAL COMPANY By_________________________ Its________________________ XXXXXXX XXXXX RENTAL, INC. By_________________________ Its________________________ XXXXXXX XXXXX RENTAL OF TEXAS, INC. By_________________________ Its________________________ XXXXXXX XXXXX RENTAL OF GEORGIA, INC. By_________________________ Its________________________ ACR ACQUISITIONS, INC. By_________________________ Its________________________ EXHIBIT III READ CAREFULLY AND CONSULT WITH YOUR ------------------------------------ ATTORNEY BEFORE SIGNING ----------------------- RELEASE -------
Releasors intending to be legally bound and for and in consideration of the benefits described in the Agreement, does for themselves, their heirs, executors, administrators, successors and assigns hereby remise, release and forever discharge the Company, Xxxxxxx Xxxxx Rental Holdings, L.P., ACR Management, L.L.C., Xxxx/ACR, L.L.C., and their successors, predecessors, subsidiaries, affiliates, directors, members of the board of managers, officers, agents and employees, and all persons, corporations or other entities who might be claimed to be jointly and severally liable with them (the "Releasees"), from any and all actions and causes of action, claims and demands, suits, damages including back pay, front pay, employee benefits, bonuses, liquidated damages, attorneys' fees, expenses, debts, dues, accounts, bonds, covenants, contracts, agreements and compensation whatsoever and from any claims for retaliation, and from any and all other claims of any nature whatsoever against the Releasees, whether known or unknown or whether asserted or unasserted, including but not limited to claims under the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), Title VII of the Civil Rights Act of 1964 (42 U.S.C. ------ Section 2000e et seq.), the Consolidated Omnibus Budget Reconciliation Act of ------ 1985 (29 U.S.C. Section 1161 et seq.), and the Age Discrimination in Employment ------ Act (29 U.S.C. Section 626 et seq.), claims for breach of contract, ------ discrimination, wrongful discharge, tortious interference with contract, intentional and negligent infliction of emotional distress, fraud, conspiracy and any other statutory or common law theories, including any claim for attorneys' fees and costs, from the beginning of time to the date of execution of this Release, which they or anyone claiming by, through or under them in any way might have or could claim against the Releasees; provided that, Releasors specifically do not release and specifically reserve all of their contractual rights with respect to the following:
Releasors. “Releasors” means, individually and collectively, the Class Members, for and on behalf of themselves, and any or all of their past, present, and future affiliates, divisions, parents, subsidiaries, and related Persons, and any or all of their past, present, and future officers, directors, managers, members, partners, shareholders, agents, attorneys, employees, representatives, trustees, heirs, executors, administrators, predecessors, successors, assignees, contractors, vendors, and insurers, and any Person acting or purporting to act or claim by, through, or on behalf of any of them, in each case whether they object to this Agreement, the Preliminary Approval Order, the Final Approval Order, or the Final Judgment, whether they receive actual notices or other communications in connection with any of the foregoing, or whether they receive, realize, or derive any funds, property, benefit, or thing of value from any of the foregoing or the Cash Fund, the Gross Deficiency Waiver Amount, or any other consideration described in this Agreement. Excluded from “Releasors,” however, are any Persons who timely and validly exclude themselves in compliance with procedures established by the Court and Paragraphs 8.1 and 8.2.
Releasors. Xxxxxx X. XxXxxx International Integrated Industries, LLC XxXxxx Management Corporation XxXxxx Management, L.P. McMark, L.P. MDA Equity Performance Global Asset Management, L.P. Executive Flite Management, Inc. SMM Charitable Unitrust TLC Family L.P. Xxxxxxx X. XxXxxx Xxxxx X. Xxxxxxx Xxx X. XxXxxx Xxx X. XxXxxx ANNEX A Name Number of Subject Shares Xxxxxx X. XxXxxx 153,699 International Integrated Industries, LLC 1,534,792 MDA Equity Performance 20,000 Xxxxxxx X. XxXxxx 200,000 Xxxxx X. Xxxxxxx 75,000 Xxx X. XxXxxx 91,900 Xxx X. XxXxxx 75,000
Releasors. “Releasors” means the Class Representative and all Settlement Class Members, and each of their respective heirs, executors, administrators, assigns, predecessors, and successors, and any other person claiming by or through any or all of them. The Releasors shall not include: (a) any members of the Settlement Class who opt out of the Settlement under Paragraph 8; or (b) any person(s) not identified by SMCU as a member of the Settlement Class on Exhibit C.
Releasors. A. Each Borrower and Guarantor hereby acknowledges and agrees that, as of the Third Amendment Effective Date, no right of offset, defense, counterclaim, claim, cause of action or objection in favor of any Borrower and Guarantor against the Lenders (including all lenders prior to the Third Amendment Effective Date) or the Agent, any other agent or any Issuer exists arising out of or with respect to (i) the Indebtedness, the Loan Agreement or any of the other Loan Documents; (ii) any other documents evidencing, securing or in any way relating to the foregoing, or (iii) the administration or funding of the Loans, the Commitment or the issuance of Letters of Credit or Tri-Party Agreements.
Releasors. “Releasors” means the Named Plaintiffs and the other Wendover Settlement Class Members, and each of their respective heirs, executors, administrators, assigns, predecessors, and successors, and any other person claiming by or through any or all of them. The Releasors shall not include any of the following: (a) any members of the Wendover Settlement Class who timely opt out of the Settlement in accordance with Paragraph 9 below; (b) any persons not identified on Exhibit D, attached; or (c) the Non-Wendover Plaintiff Borrowers. It is understood that the releases to be given by the “Releasors,” as defined herein, shall only release the Released Persons from the Released Claims, and nothing more, as provided herein.
Releasors. Dated: June 23, 2006 /s/Axxxxxx X. Xxxxxxxx Axxxxxx X. Xxxxxxxx Dated: June 23, 2006 /s/Txxxxx X. Xxxxxxx Txxxxx X. Xxxxxxx Dated: June 23, 2006 /s/Cxxxx Xxxxx Cxxxx Xxxxx Dated: June 23, 2006 /s/Hxxxx Xxxxxxx Hxxxx Xxxxxxx Dated: June 23, 2006 /s/Txxx Xxxxxxxxx Txxx Xxxxxxxxx Dated: June 23, 2006 /s/Txxxxx Xxxxx-Xxxxxxx Txxxxx Xxxxx-Xxxxxxx Dated: June 23, 2006 /s/Rxxxxxxx X. Xxxxxxx Rxxxxxxx X. Xxxxxxx Dated: June 23, 2006 /s/Bxxxxxx Xxxxxxxxx Bxxxxxx Xxxxxxxxx RELEASEE: Innovative Software Technologies, Inc. By: /s/Cxxxxxxxxxx X. Xxxxx Cxxxxxxxxxx X. Xxxxx Chief Financial Officer Disclosure Schedule Schedule Name Page Schedule 3.1(c) - Foreign Corporation Qualification 1 Schedule 3.1(d) - Subsidiaries 2 Schedule 3.1(f) - Shareholder List 3 Schedule 3.3 - Violation, Conflict, Default 4 Schedule 3.4 - Financial Statements 5 Schedule 3.5(b) - Tax Returns (Exceptions to Representations) 6 Schedule 3.5(c) - Tax Audits 7 Schedule 3.5(d) - Consolidated Tax Returns 8 Schedule 3.5(e) - Tax, Other 9 Schedule 3.6 - Accounts Receivable (Aged Schedule) 10 Schedule 3.7 - Inventory Off Premises 11 Schedule 3.8 - Certain Changes 12 Schedule 3.9 - Off-Balance Sheet Liabilities 13 Schedule 3.10 - Litigation Matters 14 Schedule 3.11(a) - Non-Compliance with Laws 15 Schedule 3.11(b) - Licenses and Permits 16 Schedule 3.11(c) - Environmental Matters (Exceptions to Representations) 17 Schedule 3.12 - Liens 18 Schedule 3.12(c) - Owned Real Property 19 Schedule 3.13 - Insurance 20 Schedule 3.14(a) - Real Property Leases 21 Schedule 3.14(b) - Personal Property Leases 22 Schedule 3.14(g) - Collective Bargaining Agreements 23 Schedule 3.14(h) - Loan Agreements, etc. 24 Schedule 3.14(i) - Guarantees 25 Schedule 3.14(l) - Material Contracts 26 Schedule 3.15 - Labor Matters 27 Schedule 3.17 - Employment Compensation 28 Schedule 3.18 - Trade Rights 29 Schedule 3.19(a) - Major Customers 30 Schedule 3.19(b) - Major Suppliers 31 Schedule 3.19(c) - Dealers and Distributors 32 Schedule 3.20 - Product Warranty, Warranty Expense and Liability Claims 33 Schedule 3.21 - Bank Accounts 34 Schedule 3.22(a) - Contracts with Affiliates 35 Schedule 3.22(c) - Obligations of and to Affiliates 36 Schedule 4.4 - Buyer’s Disclosure 37 Schedule 3.1(c) - Foreign Corporation Qualification Florida Schedule 3.1(d) - Subsidiaries None. Schedule 3.1(f) - Shareholder List Shareholder AcXessShares INIV Shares Axxxxxx Xxxxxxxx 6,010,005 7,258,559 Txxxxx Xxxxxxx 1,500,000 1,811,619 Cxxxx Xxxxx 100,000 120,774 Hxxx...
