No Prior Transfer of Claims. Borrower and the Guarantors hereby warrant and represent to Lender that, as to any released Claim, each of them is the sole and absolute owner thereof, free and clear of all of the rights and interest of any other person therein and has the right, ability and sole power to release such released Claim.
No Prior Transfer of Claims. The LBI Trustee has not prior to the Execution Date assigned or transferred, and will not prior to or upon the Effective Time assign or transfer, any of the Possible Claims Released by him, or that but for such assignment or transfer would be Released, under Section 2.04(a), 3.01 or 6.01, except in each case for any Excluded Item (as to which no representation, warranty, covenant or agreement is made under this Section 4.01(e)).
No Prior Transfer of Claims. Each of the Company and Amer Parent represents and warrants to the other party that it is the sole and lawful owner of all right, title and interest in and to every Claim released hereby and that no portion of any Claim, right, demand, action or cause of action that it has or might have against any other party, nor any portion of any such Claim, to which it may be entitled, has been assigned or transferred to any other person in any manner, including by way of subrogation or operation of law or otherwise. Each of the Company and Amer Parent further represents and warrants to the other party that it does not know of any person or entity not a party hereto who has (or claims to have) any interest in any Claim or right which is released hereby. In the event that any Claim should be made or instituted against a party or parties hereto because of a purported assignment, subrogation or transfer, the party who so assigned, subrogated or transferred that Claim agrees to defend, indemnify and hold harmless the other party against the Claim and to pay and satisfy any such Claim, including necessary expenses of investigation, attorneys’ fees and costs. The Company and Amer Parent intend that the releases provided for in this Agreement be full, complete and final releases within the scope of the release set forth in this Section 5.7.
No Prior Transfer of Claims. By executing this Release, each Party represents and warrants that it has not sold, assigned, transferred, or otherwise conveyed any of the claims, rights or causes of action that it had, has, or may have against any other Party.
No Prior Transfer of Claims. Songstagram hereby warrants and represents to bBooth, as to any released Claim, that its is the sole and absolute owner thereof, free and clear of all of the rights and interest of any other person therein and has the right, ability and sole power to release such released Claim.
No Prior Transfer of Claims. By executing this Agreement, each Party represents and warrants that it has not sold, assigned, transferred, or otherwise conveyed any of the claims, rights or causes of action that it had, has, or may have against any other Party.
