No Prior Assignment of Claims. Each Party represents and warrants that it has not voluntarily or involuntarily assigned, pledged, liened or otherwise sold or transferred in any manner whatsoever to any other person or entity, either by instrument, in writing or otherwise, any right, action, claim or counterclaim, cause, cause of action, action, count, remedy, promise, damage, liability, debt, due, sums of money, account, reckoning, obligation, judgment, writ of execution, lien, levy, attachment, suit, demand, cost, expense, fee, xxxx, xxxx, specialty, covenant, controversy, agreement, set-off, third party action or proceeding of whatever kind or nature, or any portion thereof, to be released under sections 3 and 4 above.
No Prior Assignment of Claims. Each Party represents and warrants to the other that it has not hypothecated or otherwise encumbered or assigned any claim or cause of action arising out of, related to or in connection with the claims alleged in or referred to this Agreement.
No Prior Assignment of Claims. Other than as set forth in this Agreement, each Party hereby represents and warrants to the other that she/he/it has not sold, assigned, conveyed, pledged, encumbered, or otherwise in any way transferred to any person or entity any interest in the rights, claims, or causes of action he/it is releasing in this Agreement.
No Prior Assignment of Claims. Each of the XXXX Parties represents and warrants that it/he has not sold, assigned, conveyed, pledged, encumbered, or otherwise in any way transferred to any person or entity any interest in the rights, claims, or causes of action that it/he is releasing in this Agreement.
No Prior Assignment of Claims. Each Primal Party, on the one hand, and CyberSource Party, on the other hand, jointly and severally represents and warrants to the other that there is no assignment, transfer, or purported assignment or transfer of any Claim against another Party or to any other person or entity not a party hereto, except as indicated herein that CyberSource is the successor in interest to Axxxxxxxx.Xxx (f/k/a Lightbridge), which was the original payee of the 2002 Amended Note, the 2004 Amended Note, the 2005 Amended Note, the 2006 Amended Note, and the 2007 Amended Note, and that Lightbridge is the successor in interest to Corsair, which was the original payee of the Original Note, the January 2001 Amended Note, and the December 2001 Amended Note, and that such Party is fully entitled to fully compromise and settle the same. Each Primal Party, on the one hand, and CyberSource Party, on the other hand, jointly and severally represents and warrants to the other that it has all rights and authority to fully compromise and settle all Claims such Party and any and all of its direct and indirect predecessors in interest had, have or may have against the other Parties (including without limitation all obligations arising under the Loan Documents). Each Primal Party, on the one hand, and CyberSource Party, on the other hand, jointly and severally represents and warrants that there are no suits, arbitrations, or other actions active or pending by such Party against or affecting the other Party regarding the subject matter of this Agreement. Each Primal Party, on the one hand, and CyberSource Party, on the other hand, executing this Agreement represents and warrants that it has the full and absolute authority and power to do so and each other Party may rely upon such representation and warranty in executing this Agreement.
No Prior Assignment of Claims. Evertrust Sellers each warrant and represent to the Company that he or she has neither made or caused to be made any assignment, purported assignment, transfer, or purported transfer of any of its rights, claims, demands or causes of action covered by the Purchase Agreement, including without limitation, the payment of the Year One Installment, and that he or she is the sole and absolute legal and equitable owner of all such rights, claims, demands, and causes of action. To the extent that any assignment or transfer was made by such Evertrust Seller, such Evertrust Seller shall indemnify, defend and hold harmless the Company and its affiliates from and against any claims based upon or arising in connection with any such prior assignment or transfer, or purported assignment or transfer, of any claims or other matters released herein.
No Prior Assignment of Claims. Each party warrants and represents that no other person has any interest in the Claims it is releasing and that no assignment or transfer of any of such Claims has occurred.
No Prior Assignment of Claims. Each Party represents that there is no assignment, transfer, or purported assignment or transfer of any claim or right as against another Party or to any other person or entity not a party hereto, except as indicated herein that TOWER 17 is the successor in interest to Xxxxxxx Properties L.P., a California limited partnership, which was the original payee of the Promissory Note, and that each Party is fully entitled to compromise and settle the same.
No Prior Assignment of Claims. Xx. Xxxxx represents and warrants that he has not assigned or transferred, or purported to assign or transfer, to any person, firm, partnership, corporation or entity whatsoever, any rights, claims, demands, damages, debts, liabilities, accounts, reckonings, receivables, liens, debit notes, attorneys’ fees, costs, expenses, actions, and causes of action released, compromised, and settled in this Settlement Agreement. Xx. Xxxxx further represents and warrants that he is the Party which has all of the interest in any of the released, compromised, and settled matters referenced in this Settlement Agreement.
No Prior Assignment of Claims. Each of Xxxxxxxx, Soapbox and Single Touch represents and warrants that he/it has not sold, assigned, conveyed, pledged, encumbered, or otherwise in any way transferred to any person or entity any interest in the rights, claims, liabilities or causes of action he/it is releasing in this Settlement Agreement and Mutual Special Release.
