Release by Holder Sample Clauses

Release by Holder. In consideration of the foregoing, the Holder releases and discharges Company, Company’s officers, directors, principals, control persons, past and present employees, insurers, successors, and assigns (“Company Parties”) from all actions, cause of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against Company Parties ever had, now have or hereafter can, shall or may, have for, upon, or by reason of any matter, cause or thing whatsoever, whether or not known or unknown, arising under the Debt. It being understood that this Section 7 shall be limited in all respects to only matters arising under or related to the Debt and shall under no circumstances constitute a release, waiver or discharge with respect to the Shares or any Exchange Documents or limit the Holder from taking action for matters with respect to the Shares or any Exchange Document or events that may arise in the future.

Release by Holder. The Holder, in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged; hereby releases and discharges the Company, its successors, subsidiaries, affiliates, employees, owners, officers, directors, governors, partners, predecessors, assigns, agents, representatives and attorneys, from any and all causes of action, actions, judgments, liens, damages, losses, claims, liabilities, and demands whatsoever, whether known or unknown, which each other had, now has, or hereafter can, shall or may have, however arising, including by reason of any duty, breach, act, omission, condition or occurrence through and including the date of this Agreement and/or by reason of any fact, act, matter, cause or thing of any kind whatsoever, including without limitation any alleged claim arising out of the Purchase Agreement and the Xxxxx Xxxxxxx Agreement, except (i) any claim arising out of a breach of this Agreement; and (ii) any claim arising out of the Warrant.

Release by Holder. The Holder hereby absolutely, forever and fully, generally and specifically, unconditionally and irrevocably releases, acquits, and forever discharges the Company and each of its agents, employees, independent contractors, representatives, partners, managers, members, owners, shareholders, officers, directors, attorneys, insurers, affiliates, assigns, predecessors and successors (collectively, the “Company Releasees”), of and from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses and compensation of every kind (“Claims”), including, but not limited to, attorneys fees and costs of any kind or nature, known or unknown, which the Holder heretofore had, owned, held or claimed to have, own or hold against any of the Company Releasees, or at any time now or in the future have, own, hold or claim to have, own or hold against any of the Company Releasees; provided, however, this Agreement does not discharge any obligations or any breach of any representations or warranties of the Company under or contained in this Agreement or any Claims arising from or relating to the Holder’s ownership of or transactions relating to any securities of the Company other than the Note.

Release by Holder. The Holder does hereby forever ------------------ unconditionally, irrevocably and completely release, waive, cancel and discharge the Company and its officers, directors, employees, shareholders, affiliates, agents, representatives, successors and assigns (collectively, the "Released Parties"), of and from any and all rights, claims, demands, damages, penalties, costs, expenses, liabilities, obligations and causes of action (collectively, "Claims") of any nature or kind whatsoever, whether known or unknown, or hereafter discovered, whether fixed or contingent, whether anticipated or unanticipated, whether in law or in equity, arising out of, related to or based upon the Warrant, the Registration Rights Agreement and any and all incentives of the Company previously granted, outstanding or promised to the Holder, including, without limitation, any claims as a stockholder, option holder, warrant holder, distributor, dealer or otherwise under federal or state securities or "blue sky" laws, rules or regulations, under general corporate laws or any other statute, law, rule or regulation, or under common law. The Holder agrees not to file or allow to be filed on his or her behalf any lawsuit, charge or complaint against the Released Parties regarding the claims released hereby. The Holder waives the benefit of any statute, rule or law that might grant a releasing party the right to assert unknown or unsuspected claims following the execution of a release. Notwithstanding the foregoing, the Holder is not releasing the Company for any breach of or obligations arising under this Agreement.

Release by Holder. For value received, effective as the Closing, the Holder, on behalf of itself and its successors, assigns, officers, directors, managers, shareholders, members, partners, employees, agents, representatives and affiliates, and any other person or entity claiming by, through, or under any of the foregoing, does hereby unconditionally and irrevocably release, waive and forever discharge the Company, its successors, assigns, officers, directors, managers, members, employees, agents, representatives, subsidiaries and affiliates, and their respective beneficiaries, heirs, and executors (collectively, the “Company Released Parties”), from any and all claims, demands, damages, costs, compensation, expenses, judgments, causes of action and liabilities of any nature whatsoever, whether or not known, actual or contingent, liquidated or unliquidated, suspected or claimed, arising from or relating to the Warrant, the Holder’s ownership of the Warrant or the Holder’s sale of the Warrant to the Company under this Agreement. For the avoidance of doubt, the matters released and discharged pursuant to this Section 7.1 include, but are not limited to, any and all claims, demands, damages, costs, compensation, expenses, judgments, causes of action and liabilities of any nature whatsoever, whether or not known, actual or contingent, liquidated or unliquidated, suspected or claimed, relating to the right to receive any payment or other consideration for the Warrant (other than the Warrant Price), including, but not limited to, any payment or other consideration due to the consummation of any Potential Transaction (or any other event or increase in the value of the Company) that results in or implies a Fair Value of the Warrant (or, in turn, a value of the Class A Preferred Units for which the Warrant is exercisable) that exceeds the Warrant Price, or otherwise.