Common use of General Release; Covenant Not to Xxx Clause in Contracts

General Release; Covenant Not to Xxx. (a) In consideration of, among other things, the Agent’s, the L/C Issuer’s and the Required Lenders’ execution and delivery of this Agreement, the Borrower and each other Loan Party, on behalf of themselves and their agents, representatives, officers, directors, advisors, employees, successors and assigns (collectively, “Releasors”), hereby forever waive, release and discharge, to the fullest extent permitted by law, each Releasee (as hereinafter defined) from any and all liens, claims, interests and causes of action of any kind or nature (collectively, the “Claims”) that such Releasor now has or hereafter may have against any or all of the Agent, the L/C Issuer and any Lender in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys and other representatives of each of the foregoing (collectively, the “Releasees”), based on facts existing on or before the Amendment Effective Date that relate to: (i) any Loan Document, (ii) any transaction, action or omission contemplated thereby or (iii) any aspect of the dealings or relationships between or among any or all of the Borrower and the other Loan Parties, on the one hand, and any or all of the Agent, the L/C Issuer and the Lenders, on the other hand, relating to any Loan Document or transaction, action or omission contemplated thereby. The provisions of this Section 17 shall survive the termination of this Agreement, the Credit Agreement, the other Loan Documents and payment in full of the Obligations. (b) The Borrower and each other Loan Party, on behalf of themselves and their successors, assigns, and other legal representatives, hereby unconditionally and irrevocably agree that they will not xxx any Releasee on the basis of any Claim released, remised and discharged by the Borrower or any other Loan Party pursuant to Section 17 hereof. If the Borrower, any other Loan Party or any of its successors, assigns or other legal representatives violates the foregoing covenant, the Borrower and each other Loan Party, each for itself and 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 reasonable attorneys’ fees and costs incurred by any Releasee as a result of such violation.

General Release; Covenant Not to Xxx. (a) In consideration of, among other things, the Agent’s, the L/C Issuer’s and the Required undersigned Lenders’ execution and delivery of this Agreement, the each of Borrower and each the other Loan PartyParties, on behalf of themselves itself and their its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, “Releasors”), hereby forever waiveagrees and covenants not to xxx or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, release releases and dischargedischarges, to the fullest extent permitted by law, each Releasee (as hereinafter defined) from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, claimspromises, interests warranties, damages and causes of action of any kind consequential damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or nature claims whatsoever (collectively, the “Claims”) ), that such Releasor now has or hereafter may have have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against any or all of the AgentLender Parties, the L/C Issuer and any Lender in any capacity capacity, and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts facts, whether or not now known, existing on or before the Amendment Agreement Effective Date Date, that relate to, arise out of or otherwise are in connection with: (i) any or all of the Loan Document, (ii) any transaction, action Documents or omission transactions contemplated thereby or any actions or omissions in connection therewith or (iiiii) any aspect of the dealings or relationships between or among any or all of the Borrower and the other Loan Parties, on the one hand, and any or all of the Agent, the L/C Issuer and the LendersLender Parties, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by Borrower or any other Loan Document Party of any Loans or transactionother financial accommodations made by any Lender Party after the date hereof shall constitute a ratification, action adoption, and confirmation by such party of the foregoing release of all Claims against the Releasees which are based in whole or omission contemplated therebyin part on facts, whether or not now known or unknown, existing on or prior to the date of receipt of any such Loans or other financial accommodations. In entering into this Agreement, Borrower and each other 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 Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth 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 17 shall survive the termination of this Agreement, the Credit Agreement, the other Loan Documents and payment in full of the Obligations. (b) The Each of Borrower and each other Loan PartyParties, on behalf of themselves itself and their its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably agree irrevocably, covenants and agrees with and in favor of each Releasee that they it will not xxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by the Borrower or any other Loan Party pursuant to Section 17 4(a) hereof. If the Borrower, any other Loan Party or any of its successors, assigns or other legal representatives violates the foregoing covenant, the Borrower and each other Loan PartyParties, each for itself and 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 reasonable attorneys’ fees and costs incurred by any Releasee as a result of such violation.

General Release; Covenant Not to Xxx. (a) 16.1 In consideration of, among other things, the Agent’s, the L/C Issuer’s Agents’ and the Required Lenders’ execution and delivery of this AgreementAmendment, the Borrower and each other Loan Party, on behalf of themselves itself and their agents, representatives, its respective officers, directors, advisors, employeessubsidiaries, successors and assigns (collectively, “Releasors”), hereby forever waivewaives, release releases and dischargedischarges, to the fullest extent permitted not prohibited by law, each Releasee (as hereinafter defined) from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, claimspromises, interests warranties, damages and causes of action of any kind consequential damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or nature claims whatsoever (collectively, the “Claims”) ), that such Releasor now has has, of whatsoever nature and kind, whether known or hereafter may have unknown, now existing, whether arising at law or in equity, against any or all of any Agent or any or all of the Agent, the L/C Issuer and any Lender Lenders in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, partners, members, agents, attorneys advisors and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts facts, whether or not now known, existing on or before the Amendment Effective Date date hereof, that relate to, arise out of or otherwise are in connection with: (i) the Credit Agreement and any or all other Loan DocumentDocuments or transactions contemplated thereby or any actions or omissions in connection therewith, (ii) any transaction, action or omission contemplated thereby or (iii) any aspect of the dealings or relationships between or among any or all of the Borrower and the other Loan Parties, on the one hand, and any or all of the Agent, the L/C Issuer and the LendersReleasees, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof, or (iii) any aspect of the dealings or relationships between or among any or all of Releasors, on the one hand, and the Releasees, on the other hand, but only to the extent such dealings or relationships relate to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. In entering into this Amendment, each Loan Document Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or transactionomissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, action acts and/or omissions or omission contemplated therebythe accuracy, completeness or validity hereof. The provisions of this Section 17 shall survive the termination of this AgreementAmendment, the Credit Agreement, the other Loan Documents and payment in full of the Obligations. (b) The Borrower and each other 16.2 Each Loan Party, on behalf of themselves itself and their successors, its successors and assigns, and other legal representativeshereby absolutely, hereby unconditionally and irrevocably agree irrevocably, covenants and agrees with and in favor of each Releasee that they it will not xxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by the Borrower or any other Loan Party pursuant to Section 17 16 hereof. If the Borrower, any other Loan Party or any of its successors, their respective successors or assigns or other legal representatives violates the foregoing covenant, the Borrower and each other Loan Party, each for itself and its successors, assigns successors and legal representativesassigns, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all reasonable and documented attorneys’ fees and costs incurred by any Releasee as a result of such violation. 16.3 The foregoing release shall apply to all unknown or unanticipated results of any events occurring prior to the time this Amendment is signed, as well as those known or anticipated. Each Loan Party understands that the facts in respect of which the foregoing release is given may hereafter turn out to be different from the facts now known or believed to be true. Each Loan Party hereby accepts and assumes the risk that those facts may ultimately be found to be different, and agrees that the foregoing Release shall be in all respects effective, and not subject to termination or rescission by virtue of any such factual differences.

General Release; Covenant Not to Xxx. (a) In consideration of, among other things, the Agent’s, the L/C Issuer’s and the Required Lenders’ Lender's execution and delivery of this Agreement, each of the Borrower and each other Loan Party, on behalf of themselves and their agents, representatives, officers, directors, advisors, employees, successors and assigns (collectively, “"Releasors”), ") hereby forever waivewaives, release releases and dischargedischarges, to the fullest extent permitted by law, each Releasee (as hereinafter defined) from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, claimspromises, interests warranties, damages and causes of action of any kind consequential damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or nature claims whatsoever (collectively, the “"Claims”) "), that such Releasor now has or hereafter may have have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity, against any or all Lender, and each of the Agent, the L/C Issuer and any Lender in any capacity and their respective its affiliates, subsidiaries, shareholders and “"controlling persons” " (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys and other representatives of each of the foregoing (collectively, the “"Releasees”"), based in whole or in part on facts facts, whether or not now known, existing on or before the Amendment Forbearance Effective Date Date, that relate to, arise out of or otherwise are in connection with: (i) any or all of the Loan DocumentDocuments or transactions contemplated thereby or any actions or omissions in connection therewith, (ii) any transactionaspect of the dealings or relationships between or among the Borrower, action on the one hand, and Lender, on the other hand, relating to any or omission contemplated thereby all of the documents, transactions, actions or omissions referenced in clause (i) hereof, or (iii) any aspect of the dealings or relationships between or among any or all of the Borrower and equity holders of the other Loan PartiesBorrower, on the one hand, and any or all of the Agent, the L/C Issuer and the LendersLender, on the other hand, relating but only to the extent such dealings or relationships relate to any Loan Document or transaction, action or omission contemplated thereby. The provisions of this Section 17 shall survive the termination of this Agreement, the Credit Agreement, the other Loan Documents and payment in full all of the Obligationsdocuments, transactions, actions or omissions referenced in clause (i) hereof. (b) The In connection with such releases, the Borrower and each other Loan Partyacknowledge that they are aware that they or their attorneys or others may hereafter discover claims or facts presently unknown or unsuspected in addition to or different from those which they now know or believe to be true with respect to the subject matter of the Claims being released pursuant to Section 6(a) hereof. Nevertheless, on behalf it is the intention of themselves and their successorsthe Borrower in executing this Agreement to fully, assignsfinally, and other forever settle and release all matters and all claims relating thereto, which exist, hereafter may exist or might have existed (whether or not previously or currently asserted in any action) constituting Claims released pursuant to Section 6(a) hereof. (c) In entering into this Agreement, each Credit Party consulted with, and has been represented by, legal representativescounsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. (d) Each of the Borrower hereby absolutely, unconditionally and irrevocably agree irrevocably, covenants and agrees with and in favor of each Releasee that they it will not xxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by the Borrower or any other Loan Credit Party pursuant to Section 17 6(a) hereof. If the Borrower, any other Loan Credit Party or any of its successors, assigns or other legal representatives violates the foregoing covenant, the Borrower and each other Loan Party, each for itself and its successors, assigns and legal representatives, agrees agree to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all reasonable attorneys’ ' fees and costs reasonable out-of-pocket expenses incurred by any Releasee as a result of such violation. (e) The provisions of this Section shall survive the termination of this Agreement, the Loan Documents, and payment in full of the Obligations.

General Release; Covenant Not to Xxx. (a) In consideration of, among other things, the Agent’s, the L/C Issuer’s and the Required Lenders’ execution and delivery of this Agreement, the each of Borrower and each other Loan Party, on behalf of themselves itself and their its agents, representatives, officers, directors, advisors, employees, successors and assigns (collectively, “Releasors”), hereby forever waivewaives, release releases and dischargedischarges, to the fullest extent permitted by law, each Releasee (as hereinafter defined) from any and all liens, claims, interests and causes of action of any kind or nature (collectively, the “Claims”) that such Releasor now has or hereafter may have against any or all of the Agent, the L/C Issuer and any Lender the Lenders in any capacity and their respective its affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys and other representatives of each of the foregoing (collectively, the “Releasees”), based on facts existing on or before the Amendment Forbearance Effective Date that relate to: (i) any Loan Document, (ii) any transaction, action or omission contemplated thereby or (iii) any aspect of the dealings or relationships between or among any or all of the Borrower and the other Loan Parties, on the one hand, and any or all of the Agent, the L/C Issuer and the Lenders, on the other hand, relating to any Loan Document or transaction, action or omission contemplated thereby. The provisions of this Section 17 5 shall survive the termination of this Agreement, the Credit Agreement, the other Loan Documents and payment in full of the Obligations. (b) The Each of Borrower and each other Loan Party, on behalf of themselves itself and their its successors, assigns, and other legal representatives, hereby unconditionally and irrevocably agree agrees that they it will not xxx any Releasee on the basis of any Claim released, remised and discharged by the Borrower or any other Loan Party pursuant to Section 17 5 hereof. If the Borrower, any other Loan Party or any of its successors, assigns or other legal representatives violates the foregoing covenant, the Borrower and each other Loan Party, each for itself and 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 reasonable attorneys’ fees and costs incurred by any Releasee as a result of such violation.

General Release; Covenant Not to Xxx. (a) In Subject to the approval of the Bankruptcy Court pursuant to the order referred to in Section 14(b)(i) hereof, and in consideration of, among other things, the Agent’s, the L/C Issuer’s and the Required Lenders’ execution and delivery of this Agreement, the each of Borrower and each other Loan PartyHoldings, on behalf of themselves itself and their its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, “Releasors”), hereby forever waivewaives, release releases and dischargedischarges, to the fullest extent permitted by law, each Releasee (as hereinafter defined) from any and all liens, claims, interests and causes of action of any kind or nature (collectively, the “Claims”) that such Releasor now has or hereafter may have against any or all of the Agent, the L/C Issuer and any Lender Lenders in any their capacity as Lenders and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys and other representatives of each of the foregoing (collectively, the “Releasees”), based on facts existing on or before the Amendment Forbearance Effective Date that relate to: (i) any Loan Document, (ii) any transaction, action or omission contemplated thereby thereby, or (iii) any aspect of the dealings or relationships between or among any or all of the Borrower and the other Loan Parties, on the one hand, and any or all of the Agent, the L/C Issuer and the Lenders, on the other hand, relating to any Loan Document or transaction, action or omission contemplated thereby. The receipt by Borrower or Holdings of any Loans or other financial accommodations made by the Lenders after the date hereof shall constitute a ratification, adoption, and confirmation by such party of the foregoing general release of all Claims against the Releasees which are based on facts existing on or prior to the date of receipt of any such Loans or other financial accommodations. The provisions of this Section 17 shall survive the termination of this Agreement, the Credit Agreement, the other Loan Documents and payment in full of the Obligations. (b) The Subject to the approval of the Bankruptcy Court pursuant to the order referred to in Section 14(b)(i) hereof, each of Borrower and each other Loan PartyHoldings, on behalf of themselves itself and their its successors, assigns, and other legal representatives, hereby unconditionally and irrevocably agree agrees that they it will not xxx any Releasee on the basis of any Claim released, remised and discharged by the Borrower or any other Loan Party Holdings pursuant to this Section 17 hereof3. If the Borrower, any other Loan Party Holdings or any of its successors, assigns or other legal representatives violates the foregoing covenant, the Borrower and each other Loan PartyHoldings, each for itself and 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 reasonable attorneys’ fees and costs incurred by any Releasee as a result of such violation.

General Release; Covenant Not to Xxx. (a) 9.1. In consideration of, among other things, the Agent’s, the L/C Issuer’s and the Required Lenders’ execution and delivery of this AgreementAmendment, the Borrower and each other Loan PartyBorrower, on behalf of themselves itself and their its respective agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, “Releasors”), hereby forever waivewaives, release releases and dischargedischarges, to the fullest extent permitted by law, each Releasee (as hereinafter defined) from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, claimspromises, interests warranties, damages and causes of action of any kind consequential damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or nature claims whatsoever (collectively, the “Claims”) ), that such Releasor now has has, of whatsoever nature and kind, whether known or hereafter may have unknown, now existing, whether arising at law or in equity, against any or all of any Agent or any or all of the Agent, the L/C Issuer and any Lender Lenders in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts facts, whether or not now known, existing on or before the Amendment Effective Date date hereof, that relate to, arise out of or otherwise are in connection with: (i) the Credit Agreement and any Loan Documentor all Other Documents or transactions contemplated thereby or any actions or omissions in connection therewith, (ii) any transactionaspect of the dealings or relationships between or among the Borrowers, action on the one hand, and any or omission contemplated thereby all of the Releasees, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof, or (iii) any aspect of the dealings or relationships between or among any or all of the Borrower and the other Loan PartiesReleasors, on the one hand, and any or all of the Agent, the L/C Issuer and the LendersReleasees, on the other hand, relating but only to the extent such dealings or relationships relate to any Loan Document or transactionall of the documents, action transactions, actions or omission contemplated therebyomissions referenced in clause (i) hereof. In entering into this Amendment, each Borrower consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth 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 17 9 shall survive the termination of this AgreementAmendment, the Credit Agreement, the other Loan Other Documents and payment in full of the Obligations. (b) The Borrower and each other Loan Party9.2. Each Borrower, on behalf of themselves itself and their its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably agree irrevocably, covenants and agrees with and in favor of each Releasee that they it will not xxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by the Borrowers pursuant to Section 9.1 hereof. If any Borrower or any other Loan Party pursuant to Section 17 hereof. If the Borrower, any other Loan Party or any of its their respective successors, assigns or other legal representatives violates the foregoing covenant, the Borrower and each other Loan PartyBorrower, each for itself and 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 reasonable and documented attorneys’ fees and costs incurred by any Releasee as a result of such violation. 9.3. The foregoing release shall apply to all unknown or unanticipated results of any events occurring prior to the time this Amendment is signed, as well as those known or anticipated. Each Borrower understands that the facts in respect of which the foregoing release is given may hereafter turn out to be different from the facts now known or believed to be true. Each Borrower hereby accepts and assumes the risk that those facts may ultimately be found to be different, and agrees that the foregoing Release shall be in all respects effective, and not subject to termination or rescission by virtue of any such factual differences.