Common use of Waiver and Release of All Claims and Defenses Clause in Contracts

Waiver and Release of All Claims and Defenses. Each Borrower hereby forever waives, relinquishes, discharges and releases all defenses and claims of every kind or nature, whether existing by virtue of state, federal, or local law, by agreement or otherwise, against the Administrative Agent and the Lenders, and all of their successors, assigns, directors, officers, shareholders, agents, employees and attorneys, the Obligations or the Collateral, whether previously or now existing or arising out of or related to any transaction or dealings between the Administrative Agent, any Lender and any Borrower or any of them, which any Borrower may have or may have made at any time up through and including the date of this Amendment, including without limitation, any affirmative defenses, counterclaims, setoffs, deductions or recoupments, by any Borrower, and all of their representatives, successors, assigns, agents, employees, officers, directors and heirs. “Claims” includes all debts, demands, actions, causes of action, suits, dues, sums of money, accounts, bonds, warranties, covenants, contracts, controversies, promises, agreements or obligations of any kind, type or description, and any other claim or demand of any nature whatsoever, whether known or unknown, accrued or unaccrued, disputed or undisputed, liquidated or contingent, in contract, tort, at law or in equity, any of them ever had, claimed to have, now has, or shall or may have. Nothing contained in this Amendment prevents enforcement of this release.

Appears in 8 contracts

Samples: Credit Agreement (Franklin Credit Management Corp), Credit Agreement (Franklin Credit Management Corp), Credit Agreement (Franklin Credit Holding Corp/De/)

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Waiver and Release of All Claims and Defenses. Each Borrower As of the Effective Date, the Company hereby forever waives, relinquishes, discharges and releases all defenses and claims Claims of every kind or nature, whether existing by virtue of state, federal, or local law, by agreement or otherwise, against (i) the Senior Administrative Agent, the Administrative Agent Agent, each Lender, each Issuing Bank and the Lenders, and all of their any successors, assigns, directors, officers, shareholders, agents, employees employees, advisors and attorneysattorneys of any of the foregoing, (ii) the Obligations or and (iii) the Collateral, in each instance whether previously or now existing or arising out of or related to any transaction or dealings between the Senior Administrative Agent, the Administrative Agent, any Lender Lender, any Issuing Bank and the Company, any Borrower Guarantor or any of themthem in connection with the Credit Agreement, any Loan Document or this Amendment, which the Company, any Borrower Guarantor or any of them may have or may have made at any time up through and including the date of this Amendment, including without limitation, any affirmative defenses, counterclaims, setoffs, deductions or recoupments, by the Company, any Borrower, Guarantor and all of their representatives, successors, assigns, agents, employees, officers, directors and heirs. “Claims” includes all debts, demands, actions, causes of action, suits, dues, sums of money, accounts, bonds, warranties, covenants, contracts, controversies, promises, agreements or obligations of any kind, type or description, and any other claim or demand of any nature whatsoever, whether known or unknown, accrued or unaccrued, disputed or undisputed, liquidated or contingent, in contract, tort, at law or in equity, any of them ever had, claimed to have, now has, or shall or may have. Nothing contained in this Amendment prevents enforcement of this release.

Appears in 2 contracts

Samples: Credit Agreement (Dominion Homes Inc), Credit Agreement (Dominion Homes Inc)

Waiver and Release of All Claims and Defenses. Each Borrower As of the Effective Date, the Company hereby forever waives, relinquishes, discharges and releases all defenses and claims Claims of every kind or nature, whether existing by virtue of state, federal, or local law, by agreement or otherwise, against (i) the Administrative Agent and the LendersAgent, each Lender, and all of their any successors, assigns, directors, officers, shareholders, agents, employees and attorneysattorneys of any of the foregoing, (ii) the Obligations or and (iii) the Collateral, in each instance whether previously or now existing or arising out of or related to any transaction or dealings between the Administrative Agent, any Lender and the Company, any Borrower Guarantor or any of themthem in connection with the Credit Agreement, any Loan Document or this Amendment, which the Company, any Borrower Guarantor or any of them may have or may have made at any time up through and including the date of this Amendment, including without limitation, any affirmative defenses, counterclaims, setoffs, deductions or recoupments, by the Company, any Borrower, Guarantor and all of their representatives, successors, assigns, agents, employees, officers, directors and heirs. “Claims” includes all debts, demands, actions, causes of action, suits, dues, sums of money, accounts, bonds, warranties, covenants, contracts, controversies, promises, agreements or obligations of any kind, type or description, and any other claim or demand of any nature whatsoever, whether known or unknown, accrued or unaccrued, disputed or undisputed, liquidated or contingent, in contract, tort, at law or in equity, any of them ever had, claimed to have, now has, or shall or may have. Nothing contained in this Amendment prevents enforcement of this release.

Appears in 2 contracts

Samples: Credit Agreement (Dominion Homes Inc), Credit Agreement (Dominion Homes Inc)

Waiver and Release of All Claims and Defenses. Each The Borrower hereby forever waives, relinquishes, discharges and releases all defenses and claims of every kind or nature, whether existing by virtue of state, federal, or local law, by agreement or otherwise, against the Administrative Agent Agent, the Issuing Bank and the Lenders, and all of their successors, assigns, directors, officers, shareholders, agents, employees and attorneys, the Obligations or the Collateral, whether previously or now existing or arising out of or related to any transaction or dealings between the Administrative Agent, the Issuing Bank, any Lender and any the Borrower or any of them, which any the Borrower may have or may have made at any time up through and including the date of this Amendment, including without limitation, any affirmative defenses, counterclaims, setoffs, deductions or recoupments, by any the Borrower, and all of their representatives, successors, assigns, agents, employees, officers, directors and heirs. “Claims” includes all debts, demands, actions, causes of action, suits, dues, sums of money, accounts, bonds, warranties, covenants, contracts, controversies, promises, agreements or obligations of any kind, type or description, and any other claim or demand of any nature whatsoever, whether known or unknown, accrued or unaccrued, disputed or undisputed, liquidated or contingent, in contract, tort, at law or in equity, any of them ever had, claimed to have, now has, or shall or may have. Nothing contained in this Amendment prevents enforcement of this release.

Appears in 2 contracts

Samples: Credit Agreement (Franklin Credit Management Corp), Credit Agreement (Franklin Credit Management Corp)

Waiver and Release of All Claims and Defenses. Each Borrower The Grantor hereby forever waives, relinquishes, discharges discharges, and releases all defenses and claims of every kind or nature, whether existing by virtue of state, federal, or local law, by agreement or otherwise, against the Administrative Agent and the LendersAgent, and all of their its successors, assigns, directors, officers, shareholders, agents, employees employees, and attorneysattorneys (collectively, the Obligations “Released Parties”), the Secured Obligations, or the Collateral, whether previously or now existing or arising out of or related to any transaction or dealings between the Administrative Agent, any Lender Agent and any Borrower or any of themthe Grantor, which any Borrower the Grantor may have or may have made at any time up through and including the date of this Amendment, including without limitation, any affirmative defenses, counterclaims, setoffs, deductions deductions, or recoupments, by any Borrower, the Grantor and all of their its representatives, successors, assigns, agents, employees, officers, directors directors, and heirs. “Claims” includes all debts, demands, actions, causes of action, suits, dues, sums of money, accounts, bonds, warranties, covenants, contracts, controversies, promises, agreements agreements, or obligations of any kind, type type, or description, and any other claim or demand of any nature whatsoever, whether known or unknown, accrued or unaccrued, disputed or undisputed, liquidated or contingent, in contract, tort, at law law, or in equity, any of them ever had, claimed to have, now has, or shall or may have. Nothing contained in this Amendment prevents enforcement of this release.

Appears in 2 contracts

Samples: Collateral Assignment and Security Agreement (Franklin Credit Holding Corp/De/), Pledge Agreement (Franklin Credit Holding Corp/De/)

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Waiver and Release of All Claims and Defenses. Each Borrower The Guarantor hereby forever waives, relinquishes, discharges discharges, and releases all defenses and claims of every kind or nature, whether existing by virtue of state, federal, or local law, by agreement or otherwise, against the Administrative Agent and the LendersAgent, and all of their its successors, assigns, directors, officers, shareholders, agents, employees employees, and attorneysattorneys (collectively, the Obligations “Released Parties”), the Obligations, or the Pledged Collateral, whether previously or now existing or arising out of or related to any transaction or dealings between the Administrative Agent, any Lender Agent and any Borrower or any of themthe Guarantor, which any Borrower the Guarantor may have or may have made at any time up through and including the date of this Amendment, including without limitation, any affirmative defenses, counterclaims, setoffs, deductions deductions, or recoupments, by any Borrower, the Guarantor and all of their its representatives, successors, assigns, agents, employees, officers, directors directors, and heirs. “Claims” includes all debts, demands, actions, causes of action, suits, dues, sums of money, accounts, bonds, warranties, covenants, contracts, controversies, promises, agreements agreements, or obligations of any kind, type type, or description, and any other claim or demand of any nature whatsoever, whether known or unknown, accrued or unaccrued, disputed or undisputed, liquidated or contingent, in contract, tort, at law law, or in equity, any of them ever had, claimed to have, now has, or shall or may have. Nothing contained in this Amendment prevents enforcement of this release.

Appears in 1 contract

Samples: Limited Recourse Guaranty (Franklin Credit Holding Corp/De/)

Waiver and Release of All Claims and Defenses. Each Borrower As of the Effective Date, the Company hereby forever waives, relinquishes, discharges and releases all defenses and claims Claims of every kind or nature, whether existing by virtue of state, federal, or local law, by agreement or otherwise, against (i) the Administrative Agent and the LendersAgent, each Lender, and all of their any successors, assigns, directors, officers, shareholders, agents, employees employees, advisors and attorneysattorneys of any of the foregoing, (ii) the Obligations or and (iii) the Collateral, in each instance whether previously or now existing or arising out of or related to any transaction or dealings between the Administrative Agent, any Lender and the Company, any Borrower Guarantor or any of themthem in connection with the Credit Agreement, any Loan Document or this Amendment, which the Company, any Borrower Guarantor or any of them may have or may have made at any time up through and including the date of this Amendment, including without limitation, any affirmative defenses, counterclaims, setoffs, deductions or recoupments, by the Company, any Borrower, Guarantor and all of their representatives, successors, assigns, agents, employees, officers, directors and heirs. “Claims” includes all debts, demands, actions, causes of action, suits, dues, sums of money, accounts, bonds, warranties, covenants, contracts, controversies, promises, agreements or obligations of any kind, type or description, and any other claim or demand of any nature whatsoever, whether known or unknown, accrued or unaccrued, disputed or undisputed, liquidated or contingent, in contract, tort, at law or in equity, any of them ever had, claimed to have, now has, or shall or may have. Nothing contained in this Amendment prevents enforcement of this release.

Appears in 1 contract

Samples: Credit Agreement (Dominion Homes Inc)

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