Common use of Mutual General Release Clause in Contracts

Mutual General Release. (i) In consideration of the release set forth in Section 8(q)(ii), effective as of the Closing (the "Effective Time") each Investor, severally and not jointly, on behalf of itself and its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "Investor Releasing Persons"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor Claims"), that any of the Investor Releasing Persons had or currently has against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released Persons"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase Agreement, the Articles of Amendment, the Series B Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Warrants (collectively, the "Released Documents") other than Investor Claims arising after the Effective Time.

Mutual General Release. (i) i. In consideration of the release releases set forth in Section 8(q)(ii8(p)(ii), effective as of the Closing (the "Effective Time") Closing, each Investor, severally and not jointly, on behalf of itself and and, to the extent permitted by law, its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "Investor Releasing Persons"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii8(p)(iii) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor Claims"), that any of the Investor Releasing Persons had or had, currently has or as of the Closing may have against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released Persons"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase Agreement, Agreement and the Articles of Amendment, the Series B First Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Warrants Agreement (collectively, the "Released Documents") other than Investor Claims arising after the Effective TimeClosing.

Mutual General Release. (ia) In consideration of the release set forth in Section 8(q)(ii)5.06(b) below, effective as of the Closing (Closing, the "Effective Time") each Investor, severally and not jointlyStockholder, on behalf of itself and and, to the extent permitted by law, its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-in- interest and assignees (collectively, the "Investor Stockholder Releasing Persons"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii5.06(c) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor Stockholder Claims"), that any of the Investor Stockholder Releasing Persons had or had, currently has or as of the Closing may have against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, partners, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released Persons"), including, without limitation, Investor Stockholder Claims arising out of or relating to the Securities Purchase Agreement, the Articles Series C Certificate of Amendment, Designations and the Series B Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Warrants Agreement (collectively, the "Released Documents") other than Investor ). Notwithstanding the foregoing, nothing herein is intended to release any Stockholder Claims arising after the Effective TimeClosing.

Mutual General Release. (i) i. In consideration of the release releases set forth in Section 8(q)(iiSections 9(p)(ii) and 9(p)(iii), effective as of the Closing (Closing, the "Effective Time") each Investor, severally and not jointly, on behalf of itself and and, to the extent permitted by law, its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-in- interest and assignees (collectively, the "Investor Releasing Persons"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii9(p)(iv) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor Claims"), that any of the Investor Releasing Persons had had, currently has or currently then has against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released Persons"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase Agreement, the Articles of Amendment, Series A Registration Rights Agreement and the Series B Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Warrants A Certificate of Designations (collectively, the "Released Documents") other than Investor Claims arising after the Effective TimeClosing.

Mutual General Release. (i) 14.1 In consideration of the Company entering into this Agreement and the release set forth in Section 8(q)(ii)14.2, effective as of the Closing Effectiveness (the "Effective TimeEFFECTIVE TIME") each Investor, severally and not jointly, on behalf of itself and its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "Investor Releasing PersonsINVESTOR RELEASING PERSONS"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii) 14.3 below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor ClaimsINVESTOR CLAIMS"), that any of the Investor Releasing Persons had or currently has as of the Effective Time against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families other than any attorney or law firm that delivered an opinion in connection with the Closing (as defined in the Subscription Agreement) (collectively, the "Company Released PersonsCOMPANY RELEASED PERSONS"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase Subscription Agreement, the Articles of Amendment, the Series B Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Warrants Certificate of Designation (collectively, the "Released DocumentsRELEASED DOCUMENTS") other than Investor Claims arising after the Effective Time).

Mutual General Release. (i) i. In consideration of the release set forth in Section 8(q)(ii), effective as of the Closing (the "Effective TimeEFFECTIVE TIME") each Investor, severally and not jointly, on behalf of itself and its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "Investor Releasing PersonsINVESTOR RELEASING PERSONS"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor ClaimsINVESTOR CLAIMS"), that any of the Investor Releasing Persons had or currently has against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released PersonsCOMPANY RELEASED PERSONS"), including, without limitation, Investor Claims arising out of or relating to the Series D Securities Purchase Agreement, the Articles of AmendmentWaiver Agreement, the Series B F Exchange Agreement, the Series H Securities Purchase Agreement, the Series D Warrants, the Series H Warrants, the Series D Certificate of Designations, the Series F Certificate of Designations, the Series H Certificate of Designations, the Series D Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption F Registration Rights Agreement, the Exchanged Warrants and Series H Registration Rights Agreement or any of the New Warrants Side Letter Agreements (collectively, the "Released DocumentsRELEASED DOCUMENTS") other than Investor Claims arising after the Effective Time.

Mutual General Release. (i) i. In consideration of the release releases set forth in Section 8(q)(iiSections9(p)(ii) and 9(p)(iii), effective as of the Closing (Closing, the "Effective Time") each Investor, severally and not jointly, on behalf of itself and and, to the extent permitted by law, its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "Investor Releasing Persons"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii9(p)(iv) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor Claims"), that any of the Investor Releasing Persons had had, currently has or currently then has against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released Persons"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase Agreement, the Articles of Amendment, Series A Registration Rights Agreement and the Series B Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Warrants A Certificate of Designations (collectively, the "Released Documents") other than Investor Claims arising after the Effective TimeClosing.

Mutual General Release. (i) In consideration of the release releases set forth in Section 8(q)(iiSections 9(o)(ii) and 9(o)(iii), and other consideration set forth herein, effective as of the Closing (Closing, the "Effective Time") each Investor, severally and not jointly, on behalf of itself and and, to the extent permitted by law, its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "“Investor Releasing Persons"”), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii9(o)(iii) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "“Investor Claims"”), that any of the Investor Releasing Persons had had, currently has or currently then has against (i) the Company, (ii) any of the Company's ’s current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's ’s or such other persons' ’ or entities' ’ current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "“Company Released Persons"”), including, without limitation, any Investor Claims arising out of or relating to the Securities Purchase Agreement, Registration Rights Agreement between the Articles Company and the Investor, dated as of AmendmentOctober 5, 2000 (the Series B “Registration Rights Agreement, ”) and the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Warrants C Certificate of Amendment (collectively, the "“Released Documents") ”), other than Investor Claims arising from third party claims, actions or proceedings after the Effective TimeClosing.

Mutual General Release. (i) i. In consideration of the release releases set forth in Section 8(q)(iiSections 9(p)(ii) and 9(p)(iii), effective as of the Closing (the "Effective Time") Closing, each Investor, severally and not jointly, on behalf of itself and and, to the extent permitted by law, its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "Investor Releasing Persons"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii9(p)(iv) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor Claims"), that any of the Investor Releasing Persons had had, currently has or currently then has against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released Persons"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase Agreement, the Articles of Amendment, Series A Registration Rights Agreement and the Series B Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Warrants A Certificate of Designations (collectively, the "Released Documents") other than Investor Claims arising after the Effective TimeClosing.

Mutual General Release. (i) In consideration of the release set forth in Section 8(q)(ii9(q)(ii), effective as at the time of the Closing (the "Effective Time") each Investor, severally and not jointly, on behalf of itself and its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "Investor Releasing Persons"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii9(q)(iii) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor Claims"), that any of the Investor Releasing Persons had or currently has against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released Persons"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase Agreement, the Articles of AmendmentRegistration Rights Agreement (as defined in the Securities Purchase Agreement), the Series B Registration Rights Certificate of Designations (as defined in the Securities Purchase Agreement), the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Old Warrants (collectively, the "Released Documents") (other than Investor Claims arising after out of or relating to Section 8 of the Effective TimeSecurities Purchase Agreement or the Transaction Documents).

Mutual General Release. (i) In consideration of the release set forth in Section 8(q)(ii), effective as of the Closing (the "Effective TimeEFFECTIVE TIME") each Investor, severally and not jointly, on behalf of itself and its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "Investor Releasing PersonsINVESTOR RELEASING PERSONS"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor ClaimsINVESTOR CLAIMS"), that any of the Investor Releasing Persons had or currently has against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released PersonsCOMPANY RELEASED PERSONS"), including, without limitation, Investor Claims arising out of or relating to the Series D Securities Purchase Agreement, the Articles Waiver Agreement, the Series F Exchange Agreement, the Series B Securities Purchase Agreement, the Series H Securities Purchase Agreement, the Warrants, the Series D Certificate of AmendmentDesignations, the Series F Certificate of Designations, the Series D Registration Rights Agreement, the Series F Registration Rights Agreement, the Series B Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption H Registration Rights Agreement, Agreement or any of the Exchanged Warrants and the New Warrants Side Letter Agreements (collectively, the "Released DocumentsRELEASED DOCUMENTS") other than Investor Claims arising after the Effective Time.

Mutual General Release. (i) 14.1 In consideration of the Company entering into this Agreement and the release set forth in Section 8(q)(ii)14.2, effective as of the Closing and the Effectiveness (the "Effective TimeEFFECTIVE TIME") each the Investor, severally and not jointly, on behalf of itself and its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "Investor Releasing PersonsINVESTOR RELEASING PERSONS"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii) 14.3 below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor ClaimsINVESTOR CLAIMS"), that any of the Investor Releasing Persons had or currently has as of the Effective Time against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families other than any attorney or law firm that delivered an opinion in connection with the Closing (as defined in the Subscription Agreement) (collectively, the "Company Released PersonsCOMPANY RELEASED PERSONS"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase Subscription Agreement, the Articles of Amendment, the Series B Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Warrants Certificate of Designation (collectively, the "Released DocumentsRELEASED DOCUMENTS") other than Investor Claims arising after the Effective Time).

Mutual General Release. (i) i. In consideration of the release releases set forth in Section 8(q)(iiSections 9(p)(ii) and 9(p)(iii), effective as of the Closing (Closing, the "Effective Time") each Investor, severally and not jointly, on behalf of itself and , to the extent permitted by law, its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "Investor Releasing Persons"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii9(p)(iv) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor Claims"), that any of the Investor Releasing Persons had had, currently has or currently then has against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released Persons"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase Agreement, the Articles of Amendment, Series A Registration Rights Agreement and the Series B Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Warrants A Certificate of Designations (collectively, the "Released Documents") other than Investor Claims arising after the Effective TimeClosing.

Mutual General Release. (i) i. In consideration of the release releases set forth in Section 8(q)(iiSections 9(p)(ii) and 9(p)(iii), effective as of the Closing (the "Effective Time") Closing, each Investor, severally and not jointly, on behalf of itself and and, to the extent permitted by law, its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "Investor Releasing Persons"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii9(p)(iv) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor Claims"), that any of the Investor Releasing Persons had had, currently has or currently then has against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released Persons"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase First Redemption and Exchange Agreement, the Articles of Amendment, the Series B Amended and Restated Registration Rights Agreement, the Series B WarrantsCertificate of Designations, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants Series C Certificate of Designations and the New Warrants Series D Certificate of Designations (collectively, the "Released Documents") other than Investor Claims arising after the Effective TimeClosing.

Mutual General Release. (i) i. In consideration of the release set forth in Section 8(q)(ii8(o)(ii), effective as of the Closing (the "Effective TimeEFFECTIVE TIME") each Investor, severally and not jointly, on behalf of itself and its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "Investor Releasing PersonsINVESTOR RELEASING PERSONS"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii8(o)(iii) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor ClaimsINVESTOR CLAIMS"), that any of the Investor Releasing Persons had or currently has against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released PersonsCOMPANY RELEASED PERSONS"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase Agreement, the Articles of Amendment, the Series B Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Warrants Certificate of Designations (collectively, the "Released DocumentsRELEASED DOCUMENTS") other than Investor Claims arising after the Effective Time.

Mutual General Release. (i) i. In consideration of the release releases set forth in Section 8(q)(iiSections 9(p)(ii) and 9(p)(iii), effective as of the Closing (Closing, the "Effective Time") each Investor, severally and not jointly, on behalf of itself and and, to the extent permitted by law, its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "Investor Releasing Persons"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii9(p)(iv) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor Claims"), that any of the Investor Releasing Persons had had, currently has or currently then has against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released Persons"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase First Redemption and Exchange Agreement, the Articles of Amendment, Amended and Restated Registration Rights Agreement and the Series B Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Warrants Certificate of Designations (collectively, the "Released Documents") other than Investor Claims arising after the Effective TimeClosing.

Mutual General Release. (i) i. In consideration of the release releases set forth in Section 8(q)(iiSections 9(p)(ii) and 9(p)(iii), effective as of the Closing (the "Effective Time") Closing, each Investor, severally and not jointly, on behalf of itself and and, to the extent permitted by law, its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successorssuccesors-in-interest and assignees (collectively, the "Investor Releasing Persons"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii9(p)(iv) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor Claims"), that any of the Investor Releasing Persons had had, currently has or currently then has against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released Persons"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase Agreement, the Articles of Amendment, Series A Registration Rights Agreement and the Series B Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Warrants A Certificate of Designations (collectively, the "Released Documents") other than Investor Claims arising after the Effective TimeClosing.

Mutual General Release. (i) 14.1 In consideration of the Company entering into this Agreement and the release set forth in Section 8(q)(ii)14.2, effective as of the Closing Effectiveness (the "Effective TimeEFFECTIVE TIME") each the Investor, severally and not jointly, on behalf of itself and its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "Investor Releasing PersonsINVESTOR RELEASING PERSONS"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii) 14.3 below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor ClaimsINVESTOR CLAIMS"), that any of the Investor Releasing Persons had or currently has as of the Effective Time against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families other than any attorney or law firm that delivered an opinion in connection with the Closing (as defined in the Subscription Agreement) (collectively, the "Company Released PersonsCOMPANY RELEASED PERSONS"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase Subscription Agreement, the Articles of Amendment, the Series B Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Warrants Certificate of Designation (collectively, the "Released DocumentsRELEASED DOCUMENTS") other than Investor Claims arising after the Effective Time).

Mutual General Release. (i) i. In consideration of the release releases set forth in Section 8(q)(iiSections 9(p)(ii) and 9(p)(iii), effective as of the Closing (Closing, the "Effective Time") each Investor, severally and not jointly, on behalf of itself and , to the extent permitted by law, its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-in- interest and assignees (collectively, the "Investor Releasing Persons"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii9(p)(iv) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor Claims"), that any of the Investor Releasing Persons had had, currently has or currently then has against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released Persons"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase Agreement, the Articles of Amendment, Series A Registration Rights Agreement and the Series B Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants and the New Warrants A Certificate of Designations (collectively, the "Released Documents") other than Investor Claims arising after the Effective TimeClosing.

Mutual General Release. (i) i. In consideration of the release releases set forth in Section 8(q)(iiSections 9(p)(ii) and 9(p)(iii), effective as of the Closing (Closing, the "Effective Time") each Investor, severally and not jointly, on behalf of itself and and, to the extent permitted by law, its heirs, executors, administrators, devisees, trustees, partners, directors, officers, shareholders, employees, consultants, representatives, predecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, accountants, successors, successors-in-interest and assignees (collectively, the "Investor Releasing Persons"), hereby waives and releases, to the fullest extent permitted by law, but subject to Section 8(q)(iii9(p)(iv) below, any and all claims, rights and causes of action, whether known or unknown (collectively, the "Investor Claims"), that any of the Investor Releasing Persons had had, currently has or currently then has against (i) the Company, (ii) any of the Company's current or former parents, shareholders, affiliates, subsidiaries, predecessors or assigns, or (iii) any of the Company's or such other persons' or entities' current or former officers, directors, employees, agents, principals, investors, signatories, advisors, consultants, spouses, heirs, estates, executors, attorneys, auditors and associates and members of their immediate families (collectively, the "Company Released Persons"), including, without limitation, Investor Claims arising out of or relating to the Securities Purchase First Redemption and Exchange Agreement, the Articles of Amendment, the Series B Amended and Restated Registration Rights Agreement, the Series B Warrants, the Redemption Agreement, the Redemption Registration Rights Agreement, the Exchanged Warrants Certificate of Designations and the New Warrants Series C Certificate of Designations (collectively, the "Released Documents") other than Investor Claims arising after the Effective TimeClosing.