General Release of Company. You, for yourself and your heirs, legal representatives, beneficiaries, assigns and successors in interest, hereby knowingly and voluntarily release the Company, its affiliates, and its and their successors, assigns, former or current shareholders, officers, directors, employees, agents, insurers, attorneys and representatives (“Company Released Parties”) from any and all causes of action, in law or equity, you now have, may have or ever had, whether known or unknown, from the beginning of the world to this date, including, without limitation, any claims under the Age Discrimination in Employment Act, 29 U.S.C. §621 et seq.; claims for breach of contract or based on tort; claims for employment discrimination and wrongful termination; statutory wage and hour claims under Massachusetts law, including but not limited to, claims for violation of the Massachusetts Wage Act, and any other statutory, regulatory or common law causes of action (“the Released Claims”). You understand that you are releasing claims pursuant to M.G.L., Chapter 149 including, but not limited to, claims for untimely, underpayment, or non-payment of wages, discrimination and/or retaliation for seeking to enforce your wage and hour rights, misclassification as an independent contractor, improper withholdings or deductions, tip or service charge related claims, and claims pursuant to M.G.L., Chapter 151 relating to minimum wage, discrimination and/or retaliation for seeking to enforce your rights under Chapter 151, and/or overtime pay. You hereby acknowledge and understand that this is a General Release, and that this means you are giving up your right to sxx the Company Released Parties for any and all claims, including but not limited to the specific claims mentioned in this paragraph. Notwithstanding the following, under no circumstances are you releasing any rights or claims to vested 401K benefits, any rights or claims you may have to indemnification and defense, including, but not limited to, any rights you may have under the Company D&O insurance and the Company’s D&O Side A DIC insurance, and your rights to vested equity.
General Release of Company. As of the Closing, the Contributor irrevocably waives, releases and forever discharges the Company, the Operating Partnership, Holdings, the Participating Entities and each of their respective directors, managers, officers, employees, agents, equity interest holders, attorneys, affiliates, successors and assigns of and from, any and all losses of any nature whatsoever existing as of the closing (collectively, “Contributor Claims”), known or unknown, suspected or unsuspected, arising out of or relating to the Participating Entity Agreements, Holdings, the Participating Entities or the Properties, except for Contributor Claims arising from the breach of any express representation, warranty, covenant or obligation of the Company or the Operating Partnership under this Agreement, any agreement contemplated hereby or entered into in connection herewith, or the governing documents of the Company or the Operating Partnership, subject to the obligations of the Company and the Operating Partnership under this Agreement.
General Release of Company. As of the Closing, each Contributor irrevocably waives, releases and forever discharges the Company, the Operating Partnership, SCP and each of their respective directors, managers, officers, employees, agents, equity interest holders, attorneys, affiliates, successors and assigns of and from, any and all losses of any nature whatsoever existing as of the closing (collectively, “Contributor Claims”), known or unknown, suspected or unsuspected, arising out of or relating to the Operating Agreement or SCP, except for Contributor Claims arising from the breach of any express representation, warranty, covenant or obligation of the Company or the Operating Partnership under this Agreement, any agreement contemplated hereby or entered into in connection herewith, or the governing documents of the Company or the Operating Partnership, subject to the obligations of the Company and the Operating Partnership under this Agreement.
General Release of Company. As of the Closing, each Contributor irrevocably waives, releases and forever discharges the Company, the Operating Partnership and each of their directors, officers, subsidiaries, agents, attorneys, successors and assigns of and from, any and all Losses of any nature whatsoever existing as of the Closing (collectively, “Contributor Claims”), known or unknown, suspected or unsuspected, arising out of or relating to the Participating Entity Agreements, the Participating Entities or the Properties, except for Contributor Claims arising from the breach of any representation, warranty, covenant or obligation of the Company or the Operating Partnership under this Agreement, any agreement contemplated hereby or entered into in connection herewith, or the governing documents of the Company or the Operating Partnership, subject to the obligations of the Company and the Operating Partnership under this Agreement.
General Release of Company. As of the Closing, Contributor irrevocably waives, releases and forever discharges the Company and each of its affiliates, partners, agents, attorneys, successors and assigns of and from, any and all obligations, charges, complaints, claims, liabilities, damages, actions, causes of action, losses and costs of any nature whatsoever existing as of the Closing (collectively, “Contributor Claims”), known or unknown, suspected or unsuspected, arising out of or relating to the Participating Entity Agreements, the Participating Entities, the Properties or any other matter which exists at the Closing, except for Contributor Claims arising from the breach of any representation, warranty, covenant or obligation of the Company under this Agreement, any agreement contemplated hereby or entered into in connection herewith, or the governing documents of the Company, subject to the obligations of the Company under this Agreement.
General Release of Company. As of the Closing, each of the Meruelo Entities irrevocably waives, releases and forever discharges the Company Entities and each of their directors, officers, subsidiaries, agents, attorneys, successors and assigns of and from, any and all Losses of any nature whatsoever existing as of the Closing (collectively, “Meruelo Claims”), known or unknown, suspected or unsuspected, arising out of or relating to the Meruelo Entities or the Properties, except for Meruelo Claims arising from the breach of any representation, warranty, covenant or obligation of the Company Entities under this Agreement, any agreement contemplated hereby or entered into in connection herewith, or the governing documents of the Company Entities, subject to the obligations of the Company Entities under this Agreement.
General Release of Company. In consideration of and subject to receipt of the Settlement Amount [on or before December 31, 2010,] Creditor, for [himself/herself/itself] and [his/her/its] heirs, executors, administrators, personal representatives, successors and assigns does hereby release, remise, acquit and forever discharge the Company and its parents, subsidiaries, affiliates, stockholders, and each of its and their predecessors and successors in interest, and the present and former directors, managers, officers, employees, representatives and agents of any of the foregoing, and the heirs, executors, administrators, successors and assigns thereof, in whatever capacity any of them may have acted in connection with the Company (collectively, the “Company Released Parties”), of and from any and all claims, demands, obligations, judgments, actions, causes of action, debts, damages, losses, expenses, costs, attorneys’ fees and liabilities of any kind whatsoever, whether known or unknown, vested or contingent, in law, equity or otherwise, which the Creditor ever had, now has or may have in the future against the Company Released Parties, including, but not limited to, all claims relating to amounts owing to Creditor and any rights previously granted to Creditor to acquire securities of the Company by exercise of option, warrant, conversion right or any other means under the: (i) Securities Purchase Agreement, dated December 28, 2005 (the “First Purchase Agreement”), as amended on February 1, 2006, February 24, 2006, March 31, 2006, June 30, 2006, September 26, 2006, October 28, 2006, November 30, 2006, January 8, 2007, June 8, 2007, February 28, 2007, March 6, 2007, May 7, 2007, May 30, 2007, May 31, 2007, December 6, 2007, December 15, 2007, December 28, 2007, April 2, 2008 and August 7, 2008, (ii) Securities Purchase Agreement, dated June 30, 2005 (the “Second Purchase Agreement” and together with the First Purchase Agreement, the “Purchase Agreements”), as amended on September 26, 2006, October 28, 2006, November 30, 2006, January 8, 2007June 8, 2007, February 28, 2007, March 6, 2007, May 2, 2007, May 30, 2007, May 31, 2007, December 6, 2007, December 15, 2007, December 28, 2007 April 2, 2008 and August 7, 2008 and (iii) the “Transaction Documents” as defined in the Purchase Agreements (collectively the “Released Transaction Documents”).
General Release of Company. In exchange for the Release Consideration provided to Executive pursuant to Section 6 above, to which Executive would not otherwise be entitled, Executive hereby generally and completely releases (“General Release”) the Company and its current and former directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, investors and assigns (collectively “Released Parties”) of and from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions arising prior to or during the period of Executive’s employment with the Company through the Separation Date (collectively “Released Claims”).
General Release of Company. Each Seller hereby knowingly, voluntarily, irrevocably and unconditionally waives and releases the Company and its successors, parents, subsidiaries, assigns, agents, directors, officers, employees, stockholders, representatives, attorneys, and all persons acting by, through, under or in concert with any of them (collectively, the "Released Parties") from any and all claims, liabilities, obligations, promises, sums of money, agreements, controversies, damages, actions, suits, rights, demands, costs (including attorneys' fees), losses, debts, and expenses of any nature whatsoever, existing on, or at any time prior to, the date of this Agreement, in law, in equity or otherwise, whether in tort or contract, which the Releasing Party or assigns had or have against any of the Released Parties by reason of any fact, matter, cause or thing whatsoever, except for any claims or damages pursuant to the provisions of Section 10.3.
General Release of Company. In consideration of the Payment (as defined below) and other good and valuable consideration, by accepting this letter you hereby release, waive, discharge and give up any and all Claims (as defined on Exhibit A attached hereto) that you may have against the Company (as defined on Exhibit A attached hereto) arising on or prior to the date that you accept this letter agreement. This releases all Claims including those of which you are not aware and those not mentioned in this letter agreement. You specifically release any and all Claims arising out of your former employment with Wilshire and separation therefrom, as well as your engagement to perform the Consulting Services and the termination thereof.
