Common use of Release by the Borrowers Clause in Contracts

Release by the Borrowers. In further consideration of the Lender's execution of this Amendment, each of the Borrowers hereby waives any defense, right of set-off or claim against Lender and any of its affiliates, directors, officers, employees, agents and representatives existing as of the date hereof with respect to the Credit Agreement and the Loan Documents and each of the Borrowers hereby forever remises, releases, acquits, satisfies and forever discharges the Lender and each of its successors, assigns, affiliates, officers, employees, directors, agents and attorneys (collectively, the "RELEASEES") from any and all claims, demands, liabilities, disputes, damages, suits, controversies, penalties, fees, losses, costs, expenses, reasonable attorneys' fees, actions and causes of action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, known or unknown, matured or unmatured, fixed or contingent, that any Borrower ever had, now has, or may have against or seek from any or all of the Releasees that arise from or relate to any actions that any or all of the Releasees may have taken or omitted to take prior to the date this Amendment was executed (or otherwise), including, without limitation, with respect to the Obligations, any Collateral, the Credit Agreement and any of the Loan Documents, other than for the Lender's gross negligence or willful misconduct.

Release by the Borrowers. In further consideration of Effective on the Lender's execution of this AmendmentNinth Amendment Effective Date, each of the Borrowers hereby waives any defenseBorrower, right of set-off or claim against Lender for itself and any of its affiliates, directors, officers, employees, agents and representatives existing as of the date hereof with respect to the Credit Agreement and the Loan Documents and each of the Borrowers hereby forever remises, releases, acquits, satisfies and forever discharges the Lender and each on behalf of its successors, assigns, affiliatesand officers, officersdirectors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby waives, releases, remises and forever discharges each Agent and each Lender, each of their respective Affiliates, and each of their respective successors in title, past, present and future officers, directors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, shareholders, trustees, agents and attorneys other professionals and all other persons and entities to whom any member of the Lenders would be liable if such persons or entities were found to be liable to the Borrowers (each a “Releasee” and collectively, the "RELEASEES") “Releasees”), from any and all past and present claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, obligations, liabilities, disputescauses of action, damages, suits, controversies, penalties, fees, losses, costscosts and expenses of any kind or character, expenses, reasonable attorneys' fees, actions and causes of action (whether at law or based in equity) , law, contract, tort, implied or express warranty, strict liability, criminal or civil statute or common law (each a “Claim” and obligations of every nature whatsoevercollectively, the “Claims”), whether liquidated or unliquidated, known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, fixed foreseen or contingentunforeseen, that past or present, liquidated or unliquidated, suspected or unsuspected, which any Borrower ever hadhad from the beginning of the world, now has, or may might hereafter have against any such Releasee through the Ninth Amendment Effective Date, which Claims relate, directly or seek from any or all of the Releasees that arise from or relate indirectly, to any actions act or omission by any Releasee that any occurred on or all of the Releasees may have taken or omitted to take prior to the date of this Ninth Amendment was executed (and relate, directly or otherwise)indirectly, includingto the Financing Agreement, without limitationany other Loan Document, or any acts or omissions of any such Releasee with respect to the ObligationsFinancing Agreement or any other Loan Document, any Collateral, or the Credit Agreement and any of lender-borrower relationship evidenced by the Loan Documents, other than except for the Lender's gross negligence duties and obligations set forth in the Financing Agreement and this Ninth Amendment. As to each and every claim released hereunder, each Borrower hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” As to each and every claim released hereunder, each Borrower also waives the benefit of each other similar provision of applicable federal or willful misconductstate law (including without limitation the laws of the state of New York), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. Each Borrower acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Borrower understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. Each Borrower, for itself and on behalf of its successors, assigns, and officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not xxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any claim released, remised and discharged by such Person pursuant to the above release. Each Borrower further agrees that it shall not dispute the validity or enforceability of the Financing Agreement or any of the other Loan Documents or any of its obligations thereunder, or the validity, priority, enforceability or the extent of the Agent’s Lien on any item of Collateral under the Financing Agreement or the other Loan Documents. If any Borrower or any of its respective successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by such Releasee as a result of such violation.

Release by the Borrowers. In further consideration of the Agent and each Lender's ’s execution of this Amendment, each of the Borrowers hereby waives any defense, right of set-off or claim against Agent and each Lender and any of its their respective affiliates, directors, officers, employees, agents and representatives existing as of the date hereof with respect to the Credit Agreement and the Loan Documents and each of the Borrowers hereby forever remises, releases, acquits, satisfies and forever discharges the Agent and each Lender and each of its their respective successors, assigns, affiliates, officers, employees, directors, agents and attorneys (collectively, the "RELEASEES"“Releasees”) from any and all claims, demands, liabilities, disputes, damages, suits, controversies, penalties, fees, losses, costs, expenses, reasonable attorneys' ’ fees, actions and causes of action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, known or unknown, matured or unmatured, fixed or contingent, that any Borrower ever had, now has, or may have against or seek from any or all of the Releasees that arise from or relate to any actions that any or all of the Releasees may have taken or omitted to take prior to the date this Amendment was executed (or otherwise), including, without limitation, with respect to the Obligations, any Collateral, the Credit Agreement and any of the Loan Documents, other than for the Agent’s or a Lender's ’s gross negligence or willful misconduct.