Limitation on Releases. Notwithstanding the foregoing, nothing in this Article III shall release Athens, the Investor or any of their respective Subsidiaries or Affiliates from the obligations set forth in this Agreement (and, in the case of Athens and its Subsidiaries and Affiliates, the Stockholders Agreement) or from any Claims arising out of or relating to a breach, violation or failure to perform under this Agreement (and, in the case of Athens and its Subsidiaries and Affiliates, the Stockholders Agreement).
Limitation on Releases. Notwithstanding any provision to the contrary, the Collateral Agent shall not release any Collateral unless payment of the purchase price by the Approved Investor shall have been made in immediately available funds to the Collection Account; provided, however, that the foregoing shall not apply if immediately before and after giving effect thereto, the total Collateral Value of Eligible Mortgage Collateral shall equal or exceed the Principal Debt.
Limitation on Releases. Notwithstanding any provision to the contrary, the Servicer shall not request a release of any Collateral unless payment of the purchase price by the Approved Investor or any of the Originators shall have been made in immediately available funds to the Collection Account; provided, however, that the foregoing shall not apply if there is no Default or Event of Default, and, immediately before and after giving effect to such release (and any related substitutions), the total Collateral Value of Eligible Mortgage Collateral shall equal or exceed the Principal Debt.
Limitation on Releases. Notwithstanding any provision to the contrary, the Collateral Agent shall not release any Collateral unless (i) payment of what purports to be the purchase price by the Approved Investor has been made in immediately available funds to the Collection Account; or (ii) immediately before and after giving effect thereto, the total Collateral Value of Eligible Mortgage Collateral (including any Eligible Mortgage Loans substituted for those Eligible Mortgage Loans being released) shall equal or exceed aggregate Principal Debt, as reflected in the most recent Borrowing Report.
Limitation on Releases. Notwithstanding any provision to the contrary, the Custodian shall not release any Mortgage Assets unless (i) payment of what purports to be the purchase price by the Approved Take-Out Investor has been made in immediately available funds to the Collection Account; or (ii) immediately before and after giving effect thereto, the total Recognized Value of Purchased Mortgage Assets which are Eligible Mortgage Assets (including any Eligible Mortgage Loans substituted for those Eligible Mortgage Loans being released) shall equal or exceed the Invested Amount, as reflected in the most recent Purchase Report.
Limitation on Releases. Notwithstanding anything to the contrary, the Parties reserve the right to assert claims against each other as a nominal party to the extent that the other Party , as a matter of law, needs to be named as a defendant in order to maintain or defend claims against third parties.
Limitation on Releases. Nothing in this Section 3 is intended, nor shall be deemed, to (i) release any future claim by any party arising after the date of the execution of this Agreement by the Executive or (ii) release NPDC or Five Star from any obligation to indemnify Executive for serving in the capacity as an officer or director of NPDC or Five Star to the full extent permitted by law.
Limitation on Releases. Nothing herein is intended to release any party’s obligations arising under this Agreement and for avoidance of doubt, nothing herein is intended to release, impair or prejudice the Assigned Claims.
Limitation on Releases. None of the Released Claims includes:
a. any cause of action, claim, set-off, or defense against either Party for any act, transaction, occurrence, event, error, or omission by either Party arising out of, or relating to, the performance of this Agreement;
b. any cause of action, claim, set-off, or defense against any non-party, third-party, or any prior creditor or claimant of either Party; and
c. the right of either Party to seek discovery from the other Party in any subsequent action or proceeding, whether between the Parties or between either Party and any non-party, any third party, or any prior creditor or claimant of either Party for which the law would otherwise provide if the Parties had not entered into this Agreement.
Limitation on Releases a. The releases set forth in this Agreement do not include the release of: (i) any claims for unemployment or disability compensation to which you may be entitled under the law; (ii) your rights to continuation coverage under the Company’s group health plan which, if applicable, will be offered in accordance with the provisions of COBRA or other applicable law; (iii) rights to coverage under any applicable Company insurance policy; (iv) any rights to vested benefits, such as pension or retirement benefits; and (v) any claims or rights which you are prohibited by law from releasing.
b. Notwithstanding any other provision in this Agreement, this Agreement does not prevent you from filing a charge or complaint with, providing information to, or from participating in any investigation or proceeding conducted by, the United States Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, the Securities and Exchange Commission, the National Labor Relations Board or any other federal, state or local governmental agency or commission, although by signing this Agreement, you are fully waiving your right to obtain (as a result of any such charge or complaint) all types of monetary recovery that otherwise could be recoverable in any legal action brought by you against the Releasees, or any of them. Nothing in this Agreement prohibits you from discussing your wages or working conditions.
