Limitation of Releases. The releases in this Section apply to your employment or termination of your employment, but do not apply to claims for breach of this Agreement.
Limitation of Releases. For the avoidance of doubt, the releases set forth in this Section 6 do not apply to actions to enforce any requirements or provisions of this Agreement.
Limitation of Releases. The releases herein are intended to be ---------------------- general, except that:
(a) the release by the CWH Parties does not extend to or include Xxx Xxxxxxx;
(b) they do not operate to release any rights or obligations arising out of this Agreement.
Limitation of Releases. Nothing herein shall be deemed to be a release by any Party of any other Party of any claim for a breach of this Agreement, fraud or intentional misrepresentation.
Limitation of Releases. Nothing in this Agreement shall be construed to release (i) any of the Project Company Entities from any liabilities or obligations to the Administrative Agent and any or all Banks under any of the Released Documents, or otherwise in respect of the Obligations, or a covenant not to xxx in respect of such matters, (ii) the Liens granted by the Project Companies in the Collateral, or (iii) the Liens granted by the Owners in the Partnership Interests. Nothing in this Agreement shall be construed to release the Administrative Agent and any or all Banks from any of their respective liabilities or obligations to each other under the Credit Agreements or any other Operative Documents. Subject to the releases provided in Section 2 of this Agreement, all of the rights, powers, remedies, benefits, priorities, liens and security interests of the Administrative Agent and any or all Banks under the Released Documents, and/or applicable law shall remain in full force and effect, and nothing in this Agreement shall amend or otherwise modify any of the provisions of such documents (other than with respect to the Undertakings as provided in Section 3.1 of this Agreement).
Limitation of Releases. Notwithstanding anything herein, nothing in this Agreement shall release, waive, modify, discharge, limit or impair (i) any rights, terms, obligations or remedies arising under the Definitive Documents, (ii) any post-Closing rights or obligations of any Person, (iii) any right of any Releasor or Related Party to indemnification or exculpation existing under applicable law (whether now existing or existing under prior applicable law) or the organizational documents of any Company Entity, or (iv) the right, if any, of any Consenting Crossholder to receive any recovery on account of any Chinos Claims obtained by any Person that is not a party to this Agreement, including any recovery on account of any Chinos Claims obtained in a derivative action on behalf of a Person that is a party to this Agreement.
Limitation of Releases. Notwithstanding anything in clause (a) above, the Parties agree that the releases in clause (a) above shall not apply to (and the term Restructuring Claims shall not include and shall not be construed to include) any of the following: (A) any of the rights of any Releasing Party to enforce this Release, any Definitive Documents or the TSA, and any Causes of Action under, or arising pursuant to, this Release, any Definitive Documents or the TSA, or any breaches hereunder or thereunder (including, without limitation, any breach of any representations and warranties hereunder or thereunder), (B) any Causes of Action against any Person who does not execute and deliver this Release (or a joinder hereto) or any such Person’s Related Persons, (C) any indemnification obligations owed by the Company or its Related Persons in favor of any of the Lenders or the Term Loan Agent (or their respective Related Persons) arising out of, or related to, this Release, any of the Loan Documents, the Definitive Documents, the TSA, or the consummation of the Transaction, (D) any rights of contribution between or among the Releasing Parties or exculpation by and among the Releasing Parties, (E) any Causes of Action by any Releasing Party against any Person other than the Released Parties, (F) any Causes of Action relating to any matters or obligations arising, any agreements entered into or delivered, any actions taken by any Person, or any transactions consummated, at or after the Effective Time (after giving effect to the Strict Foreclosure and entry into any Definitive Documents that are become effective concurrently with the Effective Time), and (G) any Causes of Action for gross negligence, willful misconduct, or actual fraud (in each case as determined by a Final Order of a court of competent jurisdiction). The Parties further acknowledge and agree that, notwithstanding anything to the contrary herein, all releases, representations, warranties, covenants and other agreements made in this Release by any Consenting Lender that is a separately managed account or fund of an investment manager signatory hereto are being made only with respect to the assets or interests (and any Causes of Action related thereto) managed by such investment manager on behalf of such Consenting Lender, and shall not apply to (or be deemed to be made in relation to) any assets or interests (and any Causes of Action related thereto) that may be beneficially owned by such Consenting Lender that are not ...
Limitation of Releases. Nothing in this Agreement shall be construed to release any Releasee from any liabilities or obligations under any of the Junior Debt Documents or otherwise in respect of the obligations thereunder. All of the rights, powers, remedies, benefits, priorities, liens and security interests of any Junior Lender under the Junior Debt Documents and applicable law shall remain in full force and effect, and nothing in this Agreement shall amend or otherwise modify any of the provisions of the Junior Debt Documents. Nothing in this Agreement shall be construed to release any Claims of any Releasor against any Person who fails to execute and deliver this Agreement and any and all Restructuring Documents required to be executed and delivered by such Person as determined by Holdings and Victory in their reasonable discretion. Nothing in this Agreement shall be construed to constitute a release of, or a covenant not to xxx in respect of, any Releasee arising from the negligence or willful misconduct of any of the Releasees or any other conduct of any of the Releasees that was fraudulent or a criminal act by such Releasee, in each case, as determined by a court of competent jurisdiction or admitted in writing or plea agreement. In the event any release of, or covenant not to xxx in respect of, any Releasee by any Releasor is prohibited by or unenforceable or invalid under applicable law, the corresponding release of, or covenant not to xxx in respect of, such Releasor by such Releasee shall be deemed ineffective to the extent of such prohibition, unenforceability or invalidity.
Limitation of Releases. Nothing in this Agreement shall be construed to constitute a release of, or a covenant not to sue in respect of the Releasees arising from conduct of the Releasees determined by a court of competent jurisdiction, or admitted in writing or in a plea agreement, to have been fraudulent or a criminal act by the Releasees. Nothing in this Agreement shall be construed to constitute a release of, or covenant not to sue in respect of any obligation of any Party under this Agreement or under the Facility Agreement.
Limitation of Releases. The releases in Paragraphs 7 and 8, above, do not release any Party from obligations arising under or related to this Agreement and shall not be construed in a manner that would extinguish any claim for breach of this Agreement or enforcement of this Agreement. The releases in Paragraphs 7 and 8, above, do not release any person or Party from the obligations arising under or related to the Stipulated Agreement Regarding Confidentiality of Documents and Materials During Mediation.
