Common use of Outstanding Indebtedness; Waiver of Claims Clause in Contracts

Outstanding Indebtedness; Waiver of Claims. Each of Borrowers and other Credit Parties hereby acknowledges and agrees that as of April 9, 2003, (a) the aggregate outstanding principal amount of the European Revolving Loan is $22,960,000, (b) the aggregate outstanding principal amount of the US Term Loan is $20,000,000, and (c) the aggregate outstanding principal amount of the European Term Loan is $9,975,000, and that such principal amount is payable pursuant to the Credit Agreement without defense, offset, withholding, counterclaim or deduction of any kind. Borrowers and each other Credit Party hereby waives, releases, remises and forever discharges Agent, Lenders and each other Indemnified Person from any and all claims, suits, actions, investigations, proceedings or demands arising out of or in connection with the Credit Agreement (collectively, "CLAIMS"), whether based in contract, tort, implied or express warranty, strict liability, criminal or civil statute or common law of any kind or character, known or unknown, which any Borrower or any other Credit Party ever had, now has or might hereafter have against Agent or Lenders which relates, directly or indirectly, to any acts or omissions of Agent, Lenders or any other Indemnified Person on or prior to the Effective Date, PROVIDED, that no Borrower nor any other Credit Party waives any Claim solely to the extent such Claim relates to Agent's or any Lender's gross negligence or willful misconduct.

Outstanding Indebtedness; Waiver of Claims. Each of Borrowers and other Credit Parties hereby acknowledges and agrees that as of April 9December 22, 2003, (a) the aggregate outstanding principal amount of the European Revolving Loan is $22,960,000, (b) the aggregate outstanding principal amount of the US Term Revolver Loan is $20,000,00016,898,797.30, (c) the aggregate outstanding principal amount of the US Term A Loan is $35,075,000, and (cd) the aggregate outstanding principal amount of the US Term B Loan is $40,000,000, and (e) the aggregate outstanding principal amount of the European Term Loan is $9,975,0009,900,000, and that such principal amount is payable pursuant to the Credit Agreement without defense, offset, withholding, counterclaim or deduction of any kind. Borrowers Each Borrower and each other Credit Party hereby waives, releases, remises and forever discharges Agent, Lenders and each other Indemnified Person from any and all claims, suits, actions, investigations, proceedings or demands arising out of or in connection with the Credit Agreement (collectively, "CLAIMSClaims"), whether based in contract, tort, implied or express warranty, strict liability, criminal or civil statute or common law of any kind or character, known or unknown, which any Borrower or any other Credit Party ever had, now has or might hereafter have against Agent or Lenders which relates, directly or indirectly, to any acts or omissions of Agent, Lenders or any other Indemnified Person on or prior to the Amendment Effective Date, PROVIDEDprovided, that no Borrower nor any other Credit Party waives any Claim solely to the extent such Claim relates to Agent's or any Lender's gross negligence or willful misconduct.

Outstanding Indebtedness; Waiver of Claims. Each of Borrowers and other Credit Parties hereby acknowledges and agrees that as of April 9November 13, 2003, (a) the aggregate outstanding principal amount of the European Revolving Loan is $22,960,000$ 23,111,203.56, (b) the aggregate outstanding principal amount of US Revolving Loan is $16,898,797.30, (c) the aggregate outstanding principal amount of the US Term A Loan is $20,000,00035,075,000, (d) the aggregate outstanding principal amount of the US Term B Loan is $40,000,000, and (ce) the aggregate outstanding principal amount of the European Term Loan is $9,975,0009,900,000, and that such principal amount is payable pursuant to the Credit Agreement without defense, offset, withholding, counterclaim or deduction of any kind. Borrowers and each other Credit Party hereby waives, releases, remises and forever discharges Agent, Lenders and each other Indemnified Person from any and all claims, suits, actions, investigations, proceedings or demands arising out of or in connection with the Credit Agreement (collectively, "CLAIMS"), whether based in contract, tort, implied or express warranty, strict liability, criminal or civil statute or common law of any kind or character, known or unknown, which any Borrower or any other Credit Party ever had, now has or might hereafter have against Agent or Lenders which relates, directly or indirectly, to any acts or omissions of Agent, Lenders or any other Indemnified Person on or prior to the Effective Date, PROVIDED, that no Borrower nor any other Credit Party waives any Claim solely to the extent such Claim relates to Agent's or any Lender's gross negligence or willful misconduct.

Outstanding Indebtedness; Waiver of Claims. Each of the Borrowers and other Credit Parties hereby acknowledges and agrees that as of April 9December 22, 2003, (a) the aggregate outstanding principal amount of the European Revolving Loan is $22,960,000, (b) the aggregate outstanding principal amount of US Revolving Loan is $16,898,797.30, (c) the aggregate outstanding principal amount of the US Term A Loan is $20,000,00035,075,000, (d) the aggregate outstanding principal amount of the US Term B Loan is $40,000,000, and (ce) the aggregate outstanding principal amount of the European Term Loan is $9,975,0009,900,000, and that such principal amount is payable pursuant to the Credit Agreement without defense, offset, withholding, counterclaim or deduction of any kind. Borrowers and each other Credit Party hereby waives, releases, remises and forever discharges Agent, Lenders and each other Indemnified Person from any and all claims, suits, actions, investigations, proceedings or demands arising out of or in connection with the Credit Agreement (collectively, "CLAIMS"), whether based in contract, tort, delict, implied or express warranty, strict liability, criminal or civil statute or common law of any kind or character, known or unknown, which any Borrower or any other Credit Party ever had, now has or might hereafter have against Agent or Lenders which relates, directly or indirectly, to any acts or omissions of Agent, Lenders or any other Indemnified Person on or prior to the Effective Date, PROVIDED, that no Borrower nor any other Credit Party waives any Claim solely to the extent such Claim relates to Agent's or any Lender's gross negligence or willful misconduct.

Outstanding Indebtedness; Waiver of Claims. Each of Borrowers and other Credit the Loan Parties hereby acknowledges and agrees that as of April 9November 19, 20032010, (a) the aggregate outstanding principal amount outstanding of the European Revolving Loan is $22,960,0000, (b) the aggregate outstanding principal amount outstanding of the US Initial Term Loan is $20,000,000, 870,750,000 and (c) the aggregate outstanding principal amount of outstanding on the European Incremental Term Loan is $9,975,000, 72,937,500. Each of the Borrower and that such principal amount is payable pursuant to the Credit Agreement without defense, offset, withholding, counterclaim or deduction of any kind. Borrowers and each other Credit Party Loan Parties hereby waives, releases, remises and forever discharges the Administrative Agent, Lenders any Lender, any L/C Issuers and each other Indemnified Person Indemnitee from any and all claims, suits, actions, investigations, proceedings or demands arising out of or in connection with the Credit Agreement or any other Loan Document (collectively, "CLAIMS"“Claims”), whether based in contract, tort, implied or express warranty, strict liability, criminal or civil statute or common law of any kind or character, known or unknown, which any the Borrower or any other Credit Loan Party ever had, now has or might hereafter have against Agent the Administrative Agent, any Lender, any L/C Issuer or Lenders any other Indemnitee which relates, directly or indirectly, to any acts or omissions of the Administrative Agent, Lenders any Lender, any L/C Issuer or any other Indemnified Person Indemnitee on or prior to the Third Amendment Effective Date, PROVIDED; provided, that no neither the Borrower nor any other Credit Loan Party waives any Claim solely to the extent such Claim relates to the Administrative Agent's ’s or any Lender's ’s gross negligence or willful misconduct.

Outstanding Indebtedness; Waiver of Claims. Each of Borrowers and other Credit Parties hereby acknowledges and agrees that as of April 9February 4, 20032004, (a) the aggregate outstanding principal amount of the European Revolving Loan is $22,960,00022,960,000.01, (b) the aggregate outstanding principal amount of the US Term Revolver Loan is $20,000,00016,898,797.30, (c) the aggregate outstanding principal amount of the US Term A Loan is $35,075,000.00, and (cd) the aggregate outstanding principal amount of the US Term B Loan is $40,000,000.00, and (e) the aggregate outstanding principal amount of the European Term Loan is $9,975,0009,875,000.00, and that such principal amount is payable pursuant to the Credit Agreement without defense, offset, withholding, counterclaim or deduction of any kind. Borrowers Each Borrower and each other Credit Party hereby waives, releases, remises and forever discharges Agent, Lenders and each other Indemnified Person from any and all claims, suits, actions, investigations, proceedings or demands arising out of or in connection with the Credit Agreement (collectively, "CLAIMSClaims"), whether based in contract, tort, implied or express warranty, strict liability, criminal or civil statute or common law of any kind or character, known or unknown, which any Borrower or any other Credit Party ever had, now has or might hereafter have against Agent or Lenders which relates, directly or indirectly, to any acts or omissions of Agent, Lenders or any other Indemnified Person on or prior to the Amendment Effective Date, PROVIDEDprovided, that no Borrower nor any other Credit Party waives any Claim solely to the extent such Claim relates to Agent's or any Lender's gross negligence or willful misconduct.