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

Outstanding Indebtedness; Waiver of Claims. Each Borrower hereby acknowledges and agrees that as of September 25, 2006, the aggregate outstanding principal amount of the Term Loan is $19,951,724.12 (collectively, the “Outstanding Obligations”), and that such principal amounts are payable pursuant to the Credit Agreement without defense, offset, withholding, counterclaim or deduction of any kind. Each Borrower hereby waives, releases, remises and forever discharges the Administrative 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 such Borrower ever had, now has or might hereafter have against the Administrative Agent or Lenders which relates, directly or indirectly, to any acts or omissions of the Administrative Agent, Lenders or any other Indemnified Person on or prior to the date hereof, provided that, the Borrowers do not waive any Claim solely to the extent such Claim relates to the Administrative Agent’s or any Lender’s gross negligence or willful misconduct.

Outstanding Indebtedness; Waiver of Claims. Each Borrower hereby acknowledges and agrees that as of September 25June 6, 2006, the aggregate outstanding principal amount of the Term Loan is $19,951,724.12 20,149,365.77 (collectively, the “Outstanding Obligations”), and that such principal amounts are payable pursuant to the Credit Agreement without defense, offset, withholding, counterclaim or deduction of any kind. Each Borrower hereby waives, releases, remises and forever discharges the Administrative 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 such Borrower ever had, now has or might hereafter have against the Administrative Agent or Lenders which relates, directly or indirectly, to any acts or omissions of the Administrative Agent, Lenders or any other Indemnified Person on or prior to the date hereof, provided that, the Borrowers do not waive any Claim solely to the extent such Claim relates to the Administrative Agent’s or any Lender’s gross negligence or willful misconduct.

Outstanding Indebtedness; Waiver of Claims. Each Borrower hereby acknowledges and agrees that as of September 25August 31, 2006, the aggregate outstanding principal amount of the Term Loan is $19,951,724.12 19,884,172.41 (collectively, the “Outstanding Obligations”), and that such principal amounts are payable pursuant to the Credit Agreement without defense, offset, withholding, counterclaim or deduction of any kind. Each Borrower hereby waives, releases, remises and forever discharges the Administrative 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 such Borrower ever had, now has or might hereafter have against the Administrative Agent or Lenders which relates, directly or indirectly, to any acts or omissions of the Administrative Agent, Lenders or any other Indemnified Person on or prior to the date hereof, provided that, the Borrowers do not waive any Claim solely to the extent such Claim relates to the Administrative Agent’s or any Lender’s gross negligence or willful misconduct.

Outstanding Indebtedness; Waiver of Claims. Each Borrower hereby acknowledges and agrees that as of September 25August 18, 2006, the aggregate outstanding principal amount of the Term Loan is $19,951,724.12 19,884,172.41 (collectively, the “"Outstanding Obligations”"), and that such principal amounts are payable pursuant to the Credit Agreement without defense, offset, withholding, counterclaim or deduction of any kind. Each Borrower hereby waives, releases, remises and forever discharges the Administrative 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 such Borrower ever had, now has or might hereafter have against the Administrative Agent or Lenders which relates, directly or indirectly, to any acts or omissions of the Administrative Agent, Lenders or any other Indemnified Person on or prior to the date hereof, provided that, the Borrowers do not waive 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 Borrower hereby acknowledges and agrees that as of September 25August 3, 2006, the aggregate outstanding principal amount of the Term Loan is $19,951,724.12 19,884,172.41 (collectively, the “Outstanding Obligations”), and that such principal amounts are payable pursuant to the Credit Agreement without defense, offset, withholding, counterclaim or deduction of any kind. Each Borrower hereby waives, releases, remises and forever discharges the Administrative 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 such Borrower ever had, now has or might hereafter have against the Administrative Agent or Lenders which relates, directly or indirectly, to any acts or omissions of the Administrative Agent, Lenders or any other Indemnified Person on or prior to the date hereof, provided that, the Borrowers do not waive any Claim solely to the extent such Claim relates to the Administrative Agent’s or any Lender’s gross negligence or willful misconduct.