General Release of Acquirer. As of the Closing, each Owner irrevocably waives, releases and forever discharges the Acquirer and the Acquirer's affiliates (including the Company), member, agents, attorneys, successors and assigns of and from, any and all charges, complaints, claims, liabilities, damages, actions, causes of action, losses and costs of any nature whatsoever (collectively, "Owner Claims"), known or unknown, suspected or unsuspected, arising out of or relating to any of the Organizational Documents, the Property or any other matter which exists at the Closing, except for Owner Claims arising from the breach of any representation, warranty, covenant or obligation by the Acquirer under this Agreement or any agreement contemplated hereby.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Education Realty Trust, Inc.), Agreement and Plan of Merger (Education Realty Trust, Inc.)
General Release of Acquirer. As of the Closing, each Owner Contributor irrevocably waives, releases and forever discharges the Acquirer and the Acquirer's affiliates affiliates, partners (including the Company), member, agents, attorneys, successors and assigns of and from, any and all charges, complaints, claims, liabilities, damages, actions, causes of action, losses and costs of any nature whatsoever (collectively, "Owner Contributor Claims"), known or unknown, suspected or unsuspected, arising out of or relating to any of the Organizational Documents, the Property Properties or any other matter which exists at the Closing, except for Owner Contributor Claims arising from the breach of any representation, warranty, covenant or obligation by the Acquirer under this Agreement or any agreement contemplated hereby.
Appears in 2 contracts
Samples: Contribution Agreement (Education Realty Trust, Inc.), Contribution Agreement (Education Realty Trust, Inc.)
General Release of Acquirer. As of the Closing, each Owner irrevocably waives, releases and forever discharges the Acquirer and the Acquirer's affiliates (including the Company), member, agents, attorneys, successors and assigns of and from, any and all charges, complaints, claims, liabilities, damages, actions, causes of action, losses and costs of any nature whatsoever (collectively, "Owner Claims"), known or unknown, suspected or unsuspected, arising out of or relating to any of the Organizational Documents, the Property or any other matter which exists at the Closing, except for Owner Claims arising from the breach of any representation, warranty, covenant or obligation by the Acquirer under this Agreement or any agreement contemplated hereby.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Education Realty Trust, Inc.), Agreement and Plan of Merger (Education Realty Trust, Inc.)
General Release of Acquirer. As of the Closing, each Owner the Contributor irrevocably waives, releases and forever discharges the Acquirer and the Acquirer's affiliates (including the Company)affiliates, memberpartners, agents, attorneys, successors and assigns of and from, any and all charges, complaints, claims, liabilities, damages, actions, causes of action, losses and costs of any nature whatsoever (collectively, "Owner Contributor Claims"), known or unknown, suspected or unsuspected, arising out of or relating to any of the Organizational DocumentsAcquirer, the Property or any other matter which exists at the Closing, except for Owner Contributor Claims arising from the breach of any representation, warranty, covenant or obligation by the Acquirer under this Agreement or any agreement contemplated hereby.
Appears in 1 contract
Samples: Contribution Agreement (Education Realty Trust, Inc.)