Common use of Release and Indemnity Clause in Contracts

Release and Indemnity. (a) The Borrower and each Guarantor hereby release and forever discharge the Administrative Agent, each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating thereto. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower or any Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct). (b) The Borrower and each Guarantor hereby ratify the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) of the Credit Agreement, and agree that the Guarantee is in full force and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower and each Guarantor Company does hereby release and forever discharge the Administrative Agent, Floor Plan Agent and each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now or in the future own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (a) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (b) relating directly or indirectly to all transactions by and between the Company, the Floor Plan Borrowers, or their representatives and the Agent, the Floor Plan Agent and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower Company or any Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct)Floor Plan Borrower. (b) The Borrower Company and each Guarantor Floor Plan Borrower hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 13.4 of the Credit Agreement, and agree agrees that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower and each Guarantor hereby release releases and forever discharge discharges the Administrative Agent, Agent and each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Borrower or its representatives and the Agent, and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower or any Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct). (b) The Borrower and each Guarantor hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 10.03 of the Credit Agreement, and agree agrees that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower and each Guarantor Company does hereby release and forever discharge the Administrative Agent, Floor Plan Agent and each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now or in the future own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (a) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (b) relating directly or indirectly to all transactions by and between the Company, the Floor Plan Borrowers, or their representatives and the Agent, the Floor Plan Agent and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower Company or any Guarantor Floor Plan Borrower including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct). (b) The Borrower Company and each Guarantor Floor Plan Borrower hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 13.4 of the Credit Agreement, and agree agrees that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower Each of the Borrowers and each Guarantor Guarantors hereby release releases and forever discharge discharges the Administrative Agent, Agent and each of the Lenders and each affiliate Affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment Agreement is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Borrowers, the Guarantors, or their representatives and the Administrative Agent, and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the any Borrower or any Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct). (b) The Borrower Each of the Borrowers and each Guarantor Guarantors hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b10.5(b) of the Credit Agreement, and agree agrees that the Guarantee is in full force this Agreement and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower and each the Guarantor hereby release and forever discharge the Administrative Agent, each of the Lenders Lender and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Borrower, the Guarantor or their representatives and the Lender or any of its directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower or any the Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct). (b) The Borrower and each the Guarantor hereby ratify the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 8.03 of the Credit Agreement, and agree that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower Recognizing and each Guarantor hereby release and forever discharge the Administrative Agent, each in consideration of the Lenders Bank’s agreement to the amendments provided herein, the Borrower hereby waives and each affiliate thereof releases the Bank and each of their respective employeesits officers, officersattorneys, agents, directors, trustees, agents, attorneys, successors, assigns or other representatives and employees from any and all claimsliability, demandssuit, damagesdamage, claim, actions, cross-actionscounterclaims or offsets, causes of action, costs and expenses (including legal expenses), loss or expense of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or holdwhatsoever and howsoever arising, whether known or unknown and whether based on facts now known or unknown, for direct or because derivative, that the Borrower, or anyone claiming in a derivative capacity from the Borrower, ever had or has as of any matter or thing done, omitted or suffered to be done on or before the actual date upon which of this Amendment is signed by against any of such parties arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating thereto. Such release, waiver, acquittal and discharge shall and does includethem including, without limitation, any claims of usurythe foregoing arising out of or relating to the Bank’s or such other Persons’ acts or omissions with respect to this Amendment, fraudthe other documents executed in connection herewith, duressthe Agreement, misrepresentationthe Collateral Documents, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower Bond Documents or any Guarantor including any such caused by the actions other matters described or negligence of the indemnified party (other than its gross negligence referred to herein or willful misconduct)therein. (b) The Borrower further hereby agrees to indemnify and each Guarantor hereby ratify hold the indemnification provisions contained in Bank and its respective officers, attorneys, agents, directors and employees harmless from any loss, damage, judgment, liability or expense (including counsel fees) suffered by or rendered against the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) Bank or any of the Credit Agreement, and agree that the Guarantee is in full force and effect after the execution and delivery them on account of anything arising out of this Amendment, the Agreement, the Collateral Documents, the Bond Documents or any other document or instrument delivered pursuant hereto or thereto up to and that all lossesincluding the date of this Amendment; provided that, claims, damages and expenses related thereto the Borrower shall be covered by not have any obligation hereunder to the Bank or such indemnitiesother Person with respect to indemnified liabilities arising from the gross negligence or willful misconduct of the Bank or such other Person.

Release and Indemnity. (a) The Borrower and each Guarantor Each Loan Party hereby release waives, releases and forever discharge discharges the Administrative Agent, Agent and each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Borrower and/or Guarantor or their representatives and the Administrative Agent, and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower or any and/or Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct)party. (b) The Borrower Each Loan Party hereby ratifies and each Guarantor hereby ratify confirms in all respects the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 9.03 of the Credit Agreement, and agree agrees that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower and each Guarantor hereby release releases and forever discharge discharges the Administrative Agent, Agent and each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Borrower or its representatives and the Agent, and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, HOU:3319233.12 misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower or any Guarantor including any such claims caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct). (b) The Borrower and each Guarantor hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 10.03 of the Credit Agreement, and agree agrees that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower and each Guarantor Each of the Debtors hereby release releases and forever discharge discharges the Administrative Agent, Agent and each of the Lenders and Secured Parties and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on in law or equity, which any of said parties has held or may now or in the future own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Debtors or their representatives and the Administrative Agent, the Lenders and the Secured Parties or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, claims which may, or could be, asserted by the Borrower or any Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct)Debtors. (b) The Borrower and each Guarantor Each of the Debtors hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 13.4 of the Credit Agreement, and agree agrees that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all any losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower and each Guarantor hereby release releases and forever discharge discharges the Administrative Agent, Agent and each of the Lenders Banks and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives (“Released Parties”) from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties Borrower has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Borrower or its representatives and the Agent, and each Bank or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower or any Guarantor including any such caused by the actions or negligence of the indemnified party Released Party (other than its as a result of or related to gross negligence negligence, bad faith and/or willful misconduct on the part of any such Released Party). This release does not relate to or willful misconductinclude any claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever which may arise after the date of this Amendment. (b) The Borrower and each Guarantor hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 13.16 of the Credit Agreement, and agree agrees that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower Each of the Borrowers and each Guarantor Guarantors hereby release releases and forever discharge discharges the Administrative Agent, Agent and each of the Lenders and each affiliate Affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment Agreement is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Borrowers, the Guarantors, or their representatives and the Administrative Agent, and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the any Borrower or any Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct). (b) The Borrower Each of the Borrowers and each Guarantor Guarantors hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b10.5(b) of the Credit Agreement, and agree agrees that the Guarantee is this Agreement, any other documents executed in full force connection herewith and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related hereto and thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower and each Guarantor hereby release and forever discharge the Administrative Agent, each of the Lenders Lender and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Borrower, the Guarantors or their representatives and the Lender or any of its directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower or any Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct). (b) The Borrower and each Guarantor hereby ratify the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 8.03 of the Credit Agreement, and agree that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower and each Guarantor hereby release releases and forever discharge discharges the Administrative Agent, Agent and each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Borrower or its representatives and the Agent, and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower or any Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconductmisconduct as determined by a final nonappealable judgment by a court of competent jurisdiction). (b) The Borrower and each Guarantor hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 9.03 of the Credit Agreement, and agree agrees that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Each Borrower and each Guarantor hereby release releases and forever discharge discharges the Administrative Agent, Agent and each of the Lenders and each affiliate Affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between any Borrowers or its representatives and the Administrative Agent, and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower or any Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct)Borrower. (b) The Each Borrower and each Guarantor hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 9.03 of the Credit Agreement, and agree agrees that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The a. Each Borrower and each Guarantor hereby release releases and forever discharge discharges the Administrative Agent, Agent and each of the Lenders and each affiliate Affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between any Borrowers or its representatives and the Administrative Agent, and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower or any Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct)Borrower. (b) The b. Each Borrower and each Guarantor hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 9.03 of the Credit Agreement, and agree agrees that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower and each Guarantor does hereby release and forever discharge the Administrative Agent, Agent and each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now or in the future own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment Agreement is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Borrower, the Guarantors, or their representatives and the Agent, and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower or any Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct). (b) The Borrower and each Guarantor hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 9.4 of the Credit Agreement, and agree agrees that the Guarantee is in full force this Agreement and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower and each Guarantor Each Loan Party hereby release releases and forever discharge discharges the Administrative Agent, Agent and each of the Lenders and each affiliate Affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties first set forth above (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Loan Parties or their representatives and the Administrative Agent, and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower or any Guarantor Loan Parties, including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct). (b) The Borrower and each Guarantor Each Loan Party hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b9.03(b) of the Credit Agreement, and agree agrees that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower Each of the Borrowers and each Guarantor Guarantors hereby release releases and forever discharge discharges the Administrative Agent, Agent and each of the Lenders and each affiliate Affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment Agreement is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Borrowers, the Guarantors, or their representatives and the Agent, and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the any Borrower or any Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct). (b) The Borrower Each of the Borrowers and each Guarantor Guarantors hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b10.5(b) of the Credit Agreement, and agree agrees that the Guarantee is in full force this Agreement and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower and each Guarantor hereby release releases and forever discharge discharges the Administrative Agent, Agent and each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Borrower or its representatives and the Agent, and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower or any Guarantor including any such caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct). (b) The Borrower and each Guarantor hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 9.03 of the Credit Agreement, and agree agrees that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Each Borrower and each Guarantor Holdings hereby release and forever discharge the Administrative Agent, each of the Lenders Lender and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Borrowers, Holdings or their representatives and the Agent, each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower Borrowers or any Guarantor Holdings including any such claims caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct). (b) The Borrower Borrowers and each Guarantor Holdings hereby ratify the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 5.21 of the Credit Loan Agreement, and agree that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.

Release and Indemnity. (a) The Borrower and each Guarantor hereby release releases and forever discharge discharges the Administrative Agent, Agent and each of the Lenders and each affiliate thereof and each of their respective employees, officers, directors, trustees, agents, attorneys, successors, assigns or other representatives from any and all claims, demands, damages, actions, cross-actions, causes of action, costs and expenses (including legal expenses), of any kind or nature whatsoever, whether based on law or equity, which any of said parties has held or may now own or hold, whether known or unknown, for or because of any matter or thing done, omitted or suffered to be done on or before the actual date upon which this Amendment is signed by any of such parties (i) arising directly or indirectly out of the Loan Documents, or any other documents, instruments or any other transactions relating theretothereto and/or (ii) relating directly or indirectly to all transactions by and between the Borrower or its representatives and the Agent, and each Lender or any of their respective directors, officers, agents, employees, attorneys or other representatives. Such release, waiver, acquittal and discharge shall and does include, without limitation, any claims of usury, fraud, duress, misrepresentation, lender liability, control, exercise of remedies and all similar items and claims, which may, or could be, asserted by the Borrower or any Guarantor including any such claims caused by the actions or negligence of the indemnified party (other than its gross negligence or willful misconduct). (b) The Borrower and each Guarantor hereby ratify ratifies the indemnification provisions contained in the Loan Documents, including, without limitation, Article VIII and Section 10.03(b) 10.03 of the Credit Agreement, and agree agrees that the Guarantee is in full force this Amendment and effect after the execution and delivery of this Amendment, and that all losses, claims, damages and expenses related thereto shall be covered by such indemnities.