In Favor of the Company. For and in exchange for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, except as set forth in paragraph 6(A)(i) herein, Jefferies, on its own behalf and on behalf of its respective parent companies, affiliates, successors, predecessors, subsidiaries, divisions, branches, units, parents, heirs, personal representatives and assigns, and each of their current or former agents, officers, directors, shareholders, members and employees (collectively, "Releasors"), hereby completely release and discharge the Company, and its respective parent companies, affiliates, successors, predecessors, subsidiaries, divisions, branches, units, parents, heirs, personal representatives and assigns, and each of their current or former agents, officers, directors, shareholders, members, employees, partners (collectively, "Releasees") from any and all claims, counterclaims, defenses, causes of action, demands, damages, liabilities, expenses, fees, costs, including attorneys’ fees, which Releasors could have asserted, or that the Releasors had or may have by reason of any acts or omissions up to and including the date of this Agreement, releasing to the fullest extent permitted by law all manners of action, causes of action, judgments, executions, debts, demands, rights, promises, damages, costs, expenses and claims of every kind, nature and character whatsoever, whether in law or in equity, whether based on contact (including, without limitation, quasi-contract or estoppel), statute, regulation, tort (including, without limitation, intentional torts, fraud, misrepresentation, defamation, breaches of alleged fiduciary duty, recklessness, gross negligence, or negligence) or otherwise, accrued or unaccrued, known or unknown, matured, unmatured, liquidated or unliquidated, whether in their own right, or by reason of assignment, for, upon, or by any matter, cause or thing, whatsoever. The Releasors, and each of them, acknowledge that they may hereafter discover facts different from, or in addition to, those which they now know or believe to be true with respect to the Agreement and agree that this Agreement and the releases contained herein shall be and remain effective in all respects notwithstanding such different or additional facts or the discovery thereof.
In Favor of the Company. Subject to the conditions set forth in this Section 9, the Company shall be indemnified and held harmless by Parent and Acquisition Sub for any and all Losses they may suffer, sustain or incur as a result of:
In Favor of the Company. As a material inducement to and as an express condition of this Agreement, Mizel agrees that he shall not make any adverse or disparaging statements (whether orally or in writing or in any other medium) about the Company, or its officers, directors, employees, attorneys, accountants, agents, representatives, successors, affiliates, or business interests (collectively, the “Company Parties”), including, but not limited to, any statement that disparages the reputation, services, financial condition, or capability of any of the Company Parties.
