Common use of Release by the Company Clause in Contracts

Release by the Company. The Company, the Company’s divisions, subsidiaries, and other affiliated entities (whether or not such entities are wholly owned), and the predecessors, successors and assigns of any of them, on behalf of themselves and anyone claiming through them (the “Company Releasing Parties”), hereby agree not to sxx the Executive, his spouse, personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees or legatees, or the Beneficiary (as hereinafter defined) (hereinafter referred to as the “Executive Released Parties”) based upon facts that are known on the date of this Agreement by any director or executive officer (as defined in Rule 3b-7 under the Securities ) Exchange Act of 1934)of the Company as of the date of this Agreement (“Known Facts”), and agree to release and discharge, fully, finally and forever, the Executive Released Parties from any and all claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands of any nature whatsoever, in law or in equity, both known and unknown, asserted or not asserted, foreseen or unforeseen, which the Company Releasing Parties ever had or may presently have against any of the Executive Released Parties arising from the beginning of time up to and including the effective date of this Agreement, including, without limitation, all matters in any way related to Executive’s employment by the Company or his service as an officer or director of the Company or the terms and conditions thereof, but only to the extent such claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands are based upon Known Facts; provided, however, that nothing contained in this Agreement shall apply to, or release the Executive Released Parties from, any obligation of Executive contained in Article IX of the Employment Agreement.

Release by the Company. The CompanyAs of the Effective Time, the Company’s divisions, subsidiaries, and other affiliated entities (whether or not such entities are wholly owned), and the predecessors, successors and assigns of any of them, on behalf of themselves itself, and anyone claiming through them each of its successors, subsidiaries, controlled affiliates, divisions, stockholders and assignees (the “Company Releasing Parties”)"RELEASORS") do, to the fullest extent permitted by law, hereby agree fully release, forever discharge and covenant not to sxx sue each member of the ExecutiveCompany Group,, his spouseand any of their respective suxxxssors or assignees, personal or legal and any of their respective shareholders, members, partners, officers, directors, employees, representatives, executorsheirs, administrators, successors, heirs, distributees, devisees or legatees, or legatees (collectively the Beneficiary (as hereinafter defined) (hereinafter referred to as the “Executive Released Parties”) based upon facts that are known on the date of this Agreement by any director or executive officer (as defined in Rule 3b-7 under the Securities ) Exchange Act of 1934)of the Company as of the date of this Agreement (“Known Facts”"RELEASEES"), of, from, and agree to release and dischargewith respect to, fully, finally and forever, the Executive Released Parties from any and all manner of claims, rights, actions, causes of action, lawsuitssuits, liabilitiesliens, obligations, accounts, debts, accounts, covenants, contracts, controversiesdemands, agreements, promises, sums liabilities, controversies, costs, expenses and attorneys' or paralegals' or other fees whatsoever, including any claim that the Releasors may hereafter have arising from or relating to any third-party claims made against any of money, damages, judgments and demands them because of any nature whatsoeveractions, omissions, commitments or representations made or taken by any of the Releasees, whether arising in law or in equity, both whether based on any federal, state or foreign law or right of action, mature or unmatured, contingent or fixed, liquidated or unliquidated, known and or unknown, asserted accrued or not asserted, foreseen or unforeseenunaccrued, which the Company Releasing Parties Releasors, or any of them, ever had or now have or can have or shall or may presently hereafter have against the Releasees or any of the Executive Released Parties them, in connection with, arising from the beginning out of time up to and including the effective date of this Agreement, including, without limitation, all matters or which are in any way related to Executive’s employment by any duties, actions, omissions, commitments, agreements, transactions or representations prior to the Company date of the execution of this Agreement; PROVIDED, HOWEVER, that no release or his service as an officer discharge, or director covenant to sue is given hereunder in respect of (a) any breach of, or failure to xxrform any obligation under, this Agreement or the Directors Letter, or (b) any commercial matter that does not relate to the Company or the terms and conditions thereof, but only proxy contest being terminated pursuant to the extent such claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands are based upon Known Facts; provided, however, that nothing contained in this Agreement shall apply to, or release the Executive Released Parties from, any obligation of Executive contained in Article IX of the Employment Agreement.

Release by the Company. The CompanyFor value received, the Company’s divisionsCompany for itself and for each and all of its past, subsidiariespresent and future successors, assigns, members, managers, affiliates, licensees, transferees, principals, servants, agents, representatives, attorneys, insurers, legal representatives and all other affiliated entities similarly situated persons (whether or not such entities are wholly owned)as applicable, and collectively, the predecessors, successors and assigns of any of them, on behalf of themselves and anyone claiming through them (the “"Company Releasing Parties”)") hereby, hereby agree not to sxx the Executivefullest extent permitted by law, his spousefully and forever releases and discharges the Developer, personal the Franchisee, Smokin Concepts Development Corporation, X X Xxxx, Xxxx Xxxxxx, and each of their respective joint or mutual, past, present or future directors, officers, managers and equity holders and the past, present or future successors, assigns, affiliates, licensees, transferees, principals, servants, agents, representatives, attorneys, insurers, legal representatives, executorsdescendants, administrators, successorsdependents, heirs, distributeesexecutors and administrators of each of the foregoing persons (collectively, devisees or legatees, or the Beneficiary (as hereinafter defined) (hereinafter referred to as the “Executive "Developer Released Parties”") based upon facts that are known on the date of this Agreement by any director or executive officer (as defined in Rule 3b-7 under the Securities ) Exchange Act of 1934)of the Company as of the date of this Agreement (“Known Facts”), and agree to release and discharge, fully, finally and forever, the Executive Released Parties from any and all claims, demands, liens, causes of action, lawsuitssuits, liabilitiesobligations, controversies, debts, accountscosts, covenants, contracts, controversies, agreements, promises, sums of moneyexpenses, damages, judgments and demands orders of any nature whatsoeverwhatever kind or nature, in law or in law, equity, both or otherwise, whether known and or unknown, asserted suspected or unsuspected, fixed or contingent, matured or unmatured, and whether or not asserted, foreseen concealed or unforeseenhidden, which the Company Releasing Parties ever had have existed or do presently exist or may presently have against exist relating in any manner to the ADA, FA or Ancillary Agreements, or any of the Executive Developer Released Parties arising from the beginning of time up to and including the effective date of this Agreement, including, without limitation, all matters in any way related to Executive’s employment by the Company or his service as an officer or director of the Company or the terms and conditions thereof, but only to the extent such claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands are based upon Known FactsParties' activities; provided, however, that nothing contained in this release shall not extend to any rights or claims arising under this Agreement shall apply toand any future claims under the FA, as amended hereby. Each Company Releasing Party hereby irrevocably covenants to refrain from, directly or indirectly, asserting any claim or demand, or release the Executive Released Parties fromcommencing, instituting or causing to be commenced, any obligation proceeding of Executive contained in Article IX of the Employment Agreementany kind against any Developer Released Party, based upon any matter purported to be released hereby.

Release by the Company. The Company(a) For good and sufficient consideration, the Company’s divisionsCompany accepts the Payment as full performance by the Blackstone Entities of their obligations under Section 6.03 of the Mortgage Business Sale Agreement and accordingly PHH does hereby on its behalf and on behalf of its former, current or future officers, directors, agents, advisors, representatives, managers, members, partners, shareholders, employees, subsidiaries, and other affiliated entities financing sources, affiliates (whether or not such entities are wholly ownedincluding, without limitation, controlling persons), employees of affiliates, principals, and the predecessors, successors and assigns of any of them, on behalf of themselves and anyone claiming through them (the “Company Releasing Parties”), hereby agree not to sxx the Executive, his spouse, personal or legal representativesheirs, executors, administrators, successorssuccessors or assigns of any said person or entity, heirs, distributees, devisees and any other person claiming (now or legatees, or in the Beneficiary (as hereinafter definedfuture) (hereinafter referred to as the “Executive Released Parties”) based upon facts that are known on the date of this Agreement by any director or executive officer (as defined in Rule 3b-7 under the Securities ) Exchange Act of 1934)of for the Company as through or on behalf of the date of this Agreement (“Known Facts”)Company, and agree to unequivocally release and discharge, fully, finally and foreverhold harmless, the Executive Blackstone Entities, and any of their respective former, current or future officers, directors, agents, advisors, representatives, managers, members, partners, shareholders, employees, subsidiaries, financing sources, affiliates (including, without limitation, controlling persons), employees of affiliates, principals, and any heirs, executors, administrators, successors or assigns of any said person or entity (the “Released Parties Blackstone Parties”), from any and all past, present, direct, indirect and derivative liabilities, claims, rights, actions, counts, causes of action, lawsuitsobligations, liabilitiessums of money due, attorneys’ fees, suits, debts, accounts, covenants, contracts, controversies, agreements, promises, sums demands, and damages of money, damages, judgments every kind and demands of any nature whatsoevernature, in law or in equity, both asserted or that could have been asserted, under federal or state statute, or common law, known and unknown, asserted suspected or not assertedunsuspected, foreseen or unforeseen, which the Company Releasing Parties ever had anticipated or may presently have against any of the Executive Released Parties arising unanticipated, whether or not concealed or hidden, from the beginning of time up to and including the effective until date of execution of this Settlement Agreement, including, without limitation, all matters that in any way related to Executive’s employment by the Company arise from or his service as an officer or director of the Company or the terms and conditions thereofout of, but only to the extent such claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands are based upon Known Factsupon, or are in connection with or relate to any breach, non-performance, action or failure to act under the Agreements (the “Released Blackstone Claims”); provided, however, that nothing contained the Blackstone Entities shall not be released from any claim for breach, non-performance, action or failure to act under (i) this Settlement Agreement or (ii) the Confidentiality Agreement between BCP V and the Company dated October 26, 2006. (b) It is understood and agreed that, except as provided in this Agreement shall apply to, or release the Executive Released Parties from, any obligation of Executive contained in Article IX last clause of the Employment Agreementpreceding paragraph, the preceding paragraph is a full and final release covering all known as well as unknown or unanticipated debts, claims or damages of the Company relating to or arising out of any breach, non-performance, action or failure to act under the Agreements. Therefore, the Company expressly waives any rights it may have under statute or common law principle under which a general release does not extend to claims which the Company does not know or suspect to exist in its favor at the time of executing the release, which if known by the Company must have affected the Company’s settlement with the Blackstone Entities. In connection with such waiver and relinquishment, the Company acknowledges that it or its attorneys or agents may hereafter discover claims or facts in addition to or different from those which they now know or believe to exist with respect to the Released Blackstone Claims, but that it is the Company’s intention hereby fully, finally and forever to settle and release all of the Released Blackstone Claims. In furtherance of this intention, the releases herein given shall be and remain in effect as full and complete releases with regard to the Released Blackstone Claims notwithstanding the discovery or existence of any such additional or different claim or fact.

Release by the Company. The CompanyAs of the Effective Date, the Company’s divisions, subsidiaries, and other affiliated entities (whether or not such entities are wholly owned), and the predecessors, successors and assigns of any of them, on behalf of themselves itself and anyone claiming through them its current and former corporate entities and controlled affiliates, executors, heirs, devisees, estates, personal representatives, officers, directors, successors, and assigns (the “Company Releasing PartiesReleasors”), in consideration of this Agreement and the Repurchase and for good and valuable consideration, the adequacy of which is hereby agree not to sxx acknowledged, hereby releases and forever discharges each of the ExecutiveInvestor Parties and each of their current and former corporate entities, his spousecontrolled affiliates, personal or legal partnerships, and joint venturers, and any and all of their present and former principals, representatives, agents, associates, controlled affiliates, partners, members, shareholders, directors, officers, managing members, managers, employees, insurers, reinsurers, lienholders, accountants, advisors, attorneys, estates, heirs, executors, administrators, predecessors, successors, heirs, distributees, devisees or legatees, or the Beneficiary and/or assigns (as hereinafter defined) (hereinafter referred to as the “Executive Released Parties”) based upon facts that are known on the date of this Agreement by any director or executive officer (as defined in Rule 3b-7 under the Securities ) Exchange Act of 1934)of the Company as of the date of this Agreement (“Known FactsInvestor Releasees”), and agree to release and discharge, fully, finally and forever, the Executive Released Parties from any and all claims, demands, rights, actions, causes of action, lawsuitssuits, obligations, damages, judgments, contracts, decrees, controversies, liabilities, debtsrights of contribution and/or indemnification, accountscosts, covenantsexpenses or attorneys’ fees, contractsof whatever kind or nature, controversiesfixed or contingent, agreements, promises, sums of money, damages, judgments and demands of any nature whatsoever, in law liquidated or in equity, both known and unknown, asserted or not assertedunliquidated, foreseen or unforeseen, accrued or not accrued, at law or equity, whether individual, class or derivative in nature, under any statutory, common law, contract, tort or other theory, or intentional or negligent or other wrongdoing, for compensatory, consequential, punitive or exemplary damages or any damages or relief whatsoever, from the beginning of the world to the Effective Date, which the Company Releasing Parties ever had Releasors have, had, or can, shall, or may presently hereafter have against any of the Executive Released Parties arising from the beginning Investor Releasees by reason of time up to and including the effective date of this Agreementany matter, cause or thing whatsoever, including, without limitation, all matters in any way related to Executive’s employment by the Company or his service as an officer or director of the Company or the terms and conditions thereof, but only not limited to the extent such claimsDisputes, causes of actionmatters, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands are based upon Known Factsagreements described in this Agreement (the “Company Released Matters”); provided, however, that nothing contained in this paragraph 6 does not release and shall not be construed to release any obligations under this Agreement shall apply toor the Repurchase Agreement. The Company Releasors acknowledge that they may, after executing this Agreement, discover facts other than or different from those which they know or believe to be true with respect to the Investor Releasees relating to the Company Released Matters. Notwithstanding any such discovery of facts, the Company Releasors waive and fully, finally, and forever settle and release any known or unknown, suspected or unsuspected, contingent or noncontingent claim that accrued prior to the Executive execution of this Agreement relating to the Company Released Parties fromMatters whether or not concealed or hidden, without regard to the subsequent discovery or existence of such other facts. The Company Releasors expressly waive and release any obligation of Executive contained in Article IX and all provisions, rights, and benefits conferred by §1542 of the Employment Agreement.California Civil Code, which provides:

Release by the Company. The CompanyUpon the execution of this Agreement, the Company’s , on its own behalf, and on behalf of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and other affiliated entities (whether or not such entities are wholly owned)former directors, and the predecessorsmanaging directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors and assigns of any of them(collectively, on behalf of themselves and anyone claiming through them (the “Company Releasing Parties”), hereby agree not to sxx the Executiveabsolutely, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of YCIG, its respective affiliates and each of his spouserespective past, personal present or legal representativesfuture entities, executorsdivisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, successorsrepresentatives, heirssuccessors and assigns (collectively, distributees, devisees or legatees, or the Beneficiary (as hereinafter defined) (hereinafter referred to as the “Executive YCIG Released Parties”) based upon facts that are known on the date of this Agreement by any director or executive officer (as defined in Rule 3b-7 under the Securities ) Exchange Act of 1934)of the Company as of the date of this Agreement (“Known Facts”), and agree to release and discharge, fully, finally and forever, the Executive Released Parties from any and all claims, actions, causes of action, lawsuitssuits, debts, liabilities, debtsobligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments judgments, executions, claims and demands of any nature whatsoeverdemands, in law whether known or in equity, both known and unknown, asserted suspected or not assertedunsuspected, foreseen absolute or unforeseencontingent, which direct or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Parties Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party ever had had, now has, or hereafter can, shall or may presently have against any or all of the Executive YCIG Released Parties Parties, in respect of or arising from the beginning of time up to Settled Claims, (collectively the “Company Released Claims” and including together with the effective date of this AgreementYCIG Released Claims, including, without limitation, all matters in any way related to Executive’s employment by the Company or his service as an officer or director of the Company or the terms and conditions thereof, but only to the extent such claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands are based upon Known Facts“Released Claims”); provided, however, that nothing contained in this Agreement shall apply tobe construed to prohibit the Company from bringing appropriate proceedings to enforce the obligations of YCIG hereunder, or release the Executive Released Parties from, any obligation none of Executive contained in Article IX of the Employment Agreementwhich are released hereby.

Release by the Company. The CompanyUpon the execution of this Agreement, the Company’s , on its own behalf, and on behalf of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and other affiliated entities (whether or not such entities are wholly owned)former directors, and the predecessorsmanaging directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors and assigns of any of them(collectively, on behalf of themselves and anyone claiming through them (the “Company Releasing Parties”), hereby agree not to sxx the Executiveabsolutely, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of LGH and each of his spouserespective past, personal present or legal representativesfuture employees, agents, attorneys, administrators, heirs, executors, administratorstrustees, beneficiaries, representatives, successors, heirsassigns, distributeesand related business entities (collectively, devisees or legatees, or the Beneficiary (as hereinafter defined) (hereinafter referred to as the “Executive LGH Released Parties”) based upon facts that are known on the date of this Agreement by any director or executive officer (as defined in Rule 3b-7 under the Securities ) Exchange Act of 1934)of the Company as of the date of this Agreement (“Known Facts”), and agree to release and discharge, fully, finally and forever, the Executive Released Parties from any and all claims, actions, causes of action, lawsuitssuits, debts, liabilities, debtsobligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments judgments, executions, claims and demands of any nature whatsoeverdemands, in law whether known or in equity, both known and unknown, asserted suspected or not assertedunsuspected, foreseen absolute or unforeseencontingent, which direct or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Parties Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party ever had had, now has, or hereafter can, shall or may presently have against any or all of the Executive LGH Released Parties Parties, in respect of or arising from the beginning of time up to and including Settled Claims, (collectively, the effective date of this Agreement, including, without limitation, all matters in any way related to Executive’s employment by the “Company or his service as an officer or director of the Company or the terms and conditions thereof, but only to the extent such claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands are based upon Known FactsReleased Claims”); provided, however, that nothing contained in this Agreement shall apply to, or release be construed to prohibit the Executive Released Parties from, any obligation Company from bringing appropriate proceedings to enforce the obligations of Executive contained in Article IX of the Employment AgreementLGH hereunder.

Release by the Company. The CompanyUpon the execution of this Agreement, the Company’s , on its own behalf, and on behalf of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and other affiliated entities (whether or not such entities are wholly owned)former directors, and the predecessorsmanaging directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors and assigns of any of them(collectively, on behalf of themselves and anyone claiming through them (the “Company Releasing Parties”), hereby agree not to sxx the Executiveabsolutely, his spouseunconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of Black Mountain and each of their respective past, personal present or legal representativesfuture employees, agents, attorneys, administrators, heirs, executors, administratorstrustees, beneficiaries, representatives, successors, heirsassigns, distributeesand related business entities (collectively, devisees or legatees, or the Beneficiary (as hereinafter defined) (hereinafter referred to as the “Executive Black Mountain Released Parties”) based upon facts that are known on the date of this Agreement by any director or executive officer (as defined in Rule 3b-7 under the Securities ) Exchange Act of 1934)of the Company as of the date of this Agreement (“Known Facts”), and agree to release and discharge, fully, finally and forever, the Executive Released Parties from any and all claims, actions, causes of action, lawsuitssuits, debts, liabilities, debtsobligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments judgments, executions, claims and demands of any nature whatsoeverdemands, in law whether known or in equity, both known and unknown, asserted suspected or not assertedunsuspected, foreseen absolute or unforeseencontingent, which direct or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Parties Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party ever had had, now has, or hereafter can, shall or may presently have against any or all of the Executive Black Mountain Released Parties Parties, in respect of or arising from the beginning of time up to and including Settled Claims, (collectively, the effective date of this Agreement, including, without limitation, all matters in any way related to Executive’s employment by the “Company or his service as an officer or director of the Company or the terms and conditions thereof, but only to the extent such claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands are based upon Known FactsReleased Claims”); provided, however, that nothing contained in this Agreement shall apply tobe construed to prohibit the Company from bringing appropriate proceedings to enforce the obligations of Black Mountain hereunder, or release none of which are released hereby until the Executive Released Parties from, any obligation of Executive contained in Article IX Company’s receipt of the Employment AgreementNote.

Release by the Company. The Company(a) For good and sufficient consideration, the Company’s divisionsCompany accepts the Payment as full performance by the GSO Entities of their obligations under Section 8.3(d) of the Merger Agreement and accordingly the Company does hereby on its behalf and on behalf of its former, current or future officers, directors, agents, advisors, representatives, managers, members, partners, shareholders, employees, subsidiaries, and other affiliated entities financing sources, affiliates (whether or not such entities are wholly ownedincluding, without limitation, controlling persons), employees of affiliates, principals, and the predecessors, successors and assigns of any of them, on behalf of themselves and anyone claiming through them (the “Company Releasing Parties”), hereby agree not to sxx the Executive, his spouse, personal or legal representativesheirs, executors, administrators, successorssuccessors or assigns of any said person or entity, heirs, distributees, devisees and any other person claiming (now or legatees, or in the Beneficiary (as hereinafter definedfuture) (hereinafter referred to as the “Executive Released Parties”) based upon facts that are known on the date of this Agreement by any director or executive officer (as defined in Rule 3b-7 under the Securities ) Exchange Act of 1934)of for the Company as through or on behalf of the date of this Agreement (“Known Facts”)Company, and agree to unequivocally release and discharge, fully, finally and foreverhold harmless, the Executive GSO Entities, and any of their respective former, current or future officers, directors, agents, advisors, representatives, managers, members, partners, shareholders, employees, subsidiaries, financing sources (including, without limitation, Xxxxxx Xxxxxxx Senior Funding, Inc. and its affiliates), affiliates (including, without limitation, controlling persons), employees of affiliates, principals, and any heirs, executors, administrators, successors or assigns of any said person or entity (the “Released Parties GSO Parties”), from any and all past, present, direct, indirect and derivative liabilities, claims, rights, actions, counts, causes of action, lawsuitsobligations, liabilitiessums of money due, attorneys’ fees, suits, debts, accounts, covenants, contracts, controversies, agreements, promises, sums demands, and damages of money, damages, judgments every kind and demands of any nature whatsoevernature, in law or in equity, both asserted or that could have been asserted, under federal or state statute, or common law, known and unknown, asserted suspected or not assertedunsuspected, foreseen or unforeseen, which the Company Releasing Parties ever had anticipated or may presently have against any of the Executive Released Parties arising unanticipated, whether or not concealed or hidden, from the beginning of time up to and including the effective until date of execution of this AgreementSettlement Agreement (collectively, including“Claims”), without limitation, all matters that in any way related to Executive’s employment by the Company arise from or his service as an officer or director of the Company or the terms and conditions thereofout of, but only to the extent such claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands are based upon Known Factsupon, or are in connection with or relate to any breach, non-performance, action or failure to act under the Agreements (the “Released GSO Claims”); provided, however, that nothing contained the GSO Entities shall not be released from any claim for breach, non-performance, action or failure to act under (i) this Settlement Agreement, and (ii) the Replacement Mutual Nondisclosure Agreement; it being understood that the GSO Entities and the Company may compete with each other in this the future, and the Replacement Mutual Nondisclosure Agreement shall apply todoes not in and of itself preclude such competition. (b) It is understood and agreed that, or release except as provided in the Executive Released Parties from, any obligation of Executive contained in Article IX last clause of the Employment Agreementpreceding paragraph, the preceding paragraph is a full and final release covering all known as well as unknown or unanticipated debts, claims or damages of the Company relating to or arising out of any breach, non-performance, action or failure to act under the Agreements. Therefore, the Company expressly waives any rights it may have under statute or common law principle under which a general release does not extend to claims which the Company does not know or suspect to exist in its favor at the time of executing the release, which if known by the Company must have affected the Company’s settlement with the GSO Entities. In connection with such waiver and relinquishment, the Company acknowledges that it or its attorneys or agents may hereafter discover claims or facts in addition to or different from those which they now know or believe to exist with respect to the Released GSO Claims, but that it is the Company’s intention hereby fully, finally and forever to settle and release all of the Released GSO Claims. In furtherance of this intention, the releases herein given shall be and remain in effect as full and complete releases with regard to the Released GSO Claims notwithstanding the discovery or existence of any such additional or different claim or fact.

Release by the Company. The Company, the Company’s divisions, subsidiaries, on behalf itself and other affiliated entities (whether or not such entities are wholly owned), and the each of its predecessors, successors and assigns of any of themsuccessors, on behalf of themselves and anyone claiming through them assigns, directors, officers, employees, affiliates, representatives or agents (the “Company Releasing Related Parties”), effective upon and subject to the consummation of the Arrangement, automatically and without any further action on the part of any party hereto, does hereby agree not to sxx unequivocally, irrevocably and unconditionally release, surrender, acquit and forever discharge (the Executive“Company Release”) each of JK&B, his spouseNeustaetter (both individually and as and as attorney-in-fact for each of the ColdSpark Shareholders), personal or legal each ColdSpark Shareholder and all of their respective members, affiliates and partners, and their respective directors, managing directors, members, partners, agents, representatives, executorsofficers, administratorsand employees (each, successorsa “Shareholder Released Party” and collectively, heirs, distributees, devisees or legatees, or the Beneficiary (as hereinafter defined) (hereinafter referred to as the “Executive Shareholder Released Parties”) based upon facts that are known on the date of this Agreement by any director or executive officer (as defined in Rule 3b-7 under the Securities ) Exchange Act of 1934)of the Company as of the date of this Agreement (“Known Facts”), and agree to release and discharge, fully, finally and forever, the Executive Released Parties from any and all claimsactions, causes of action, lawsuitsclaims, liabilities, debts, accountssuits, covenants, contracts, controversies, agreements, promises, sums of moneyindemnities, damages, judgments judgments, remedies, demands and demands liabilities, of any nature whatsoever, in law known or in equity, both known and unknown, asserted fixed or not assertedcontingent, foreseen in law, at equity or unforeseenotherwise (collectively, “Company Claims”), whether direct, derivative or otherwise, which the Company Releasing Parties have been, may be or ever had or may presently have could be asserted against any of the Executive Shareholder Released Parties Parties, either for itself or otherwise for or on behalf of any other person or entity against any of the Shareholder Released Parties, relating to any Company Claims arising out of, relating to or in connection with (i) any act, omission, event, occurrence, or nonoccurrence from the beginning of time up to and including the effective date execution of this Agreement, includingarising out of or relating to the ColdSpark Merger Agreement or any related document or instrument or any of the transactions contemplated thereby, without limitationincluding the Indemnity Claims, all matters (ii) any ColdSpark Shareholder’s investment in any way related to Executive’s employment by the Company or his service as an officer or director Common Stock of the Company or other business relationship with the terms Company or (iii) this Agreement, the Arrangement Agreement and conditions thereofthe transactions contemplated thereby, but only to whether asserted or claimed prior to, at or after the extent such claimsdate hereof (each, causes of actiona “Company Released Claim” and collectively, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands are based upon Known Factsthe “Company Released Claims”); provided, however, that nothing contained in a Company Released Claim shall exclude any Company Claim to enforce this Agreement or for a ColdSpark Shareholder’s breach of this Agreement or breach of any agreement between a ColdSpark Shareholder and Quest (other than the ColdSpark Merger Agreement or any agreements contemplated thereby). From and after the consummation of the Arrangement, the Company, on behalf of itself and each of the Company Related Parties, hereby unequivocally, unconditionally and irrevocably agrees not to, directly or indirectly, initiate proceedings with respect to, institute, assert or threaten to assert any Company Released Claim. This Company Release shall constitute a complete defense to any Company Released Claim. The Parties hereby acknowledge and agree that the execution of this Agreement shall apply to, not constitute an acknowledgment of or release an admission by the Executive Company or any Company Released Parties from, any obligation of Executive contained in Article IX Party of the Employment Agreementexistence of any such claims or of liability for any matter or precedent upon which any liability may be asserted.

Release by the Company. The Company, the Company’s divisions, subsidiaries, and other affiliated entities (whether or not such entities are wholly owned), and the predecessors, successors and assigns of any of them, on behalf of themselves itself and anyone claiming through them its affiliates, and effective only upon the Company’s receipt of the Preference Shares, hereby releases (and covenants not to sue) Sellers and each of their respective affiliates, subsidiaries, current and former shareholders and, in their capacities as such, directors, officers, members, agents, employees, attorneys, consultants and professional advisors (such persons, collectively, the “Company Releasing Parties”), hereby agree not to sxx the Executive, his spouse, personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees or legatees, or the Beneficiary (as hereinafter defined) (hereinafter referred to as the “Executive Seller Released Parties”) based upon facts that are known on the date of this Agreement by any director or executive officer (as defined in Rule 3b-7 under the Securities ) Exchange Act of 1934)of the Company as of the date of this Agreement (“Known Facts”), and agree to release and discharge, fully, finally and forever, the Executive Released Parties from any and all claimsdemands, actions, causes of action, lawsuitssuits, liabilitiescounterclaims, debtsset-offs, accounts, covenants, contractsdefences, controversies, agreementsacts and omissions, promisesliabilities and other claims, sums of money, damages, judgments and demands of any nature whatsoever, both in law or and in equity, both known and or unknown, asserted suspected or not asserted, foreseen or unforeseenunsuspected, which the Company Releasing Parties or any of its affiliates have or ever had or may presently have against any of the Executive Seller Released Parties arising from the beginning out of time or relating to any period up to and including the effective date Effective Date, in each case solely to the extent arising out of this Agreement, including, without limitation, all matters in any way or related to Executive’s employment by the Company or his service as an officer each Seller’s interest in the Preference Shares (including in respect of the Purchase Agreement or director otherwise arising out of or relating to any agreements ancillary to the Purchase Agreement or the Preference Shares); provided, that, nothing in this Section 6.b shall be interpreted to release any claims (or create a covenant not to sue on) arising out of this Agreement applicable to the Company or the terms and conditions thereof, but only any Seller Released Party’s obligation to the extent such claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands comply therewith. The Company (x) understands that it is releasing potential claims which are based upon Known Facts; provided, however, that nothing contained in this Agreement shall apply to, or release the Executive Released Parties from, any obligation of Executive contained in Article IX unknown to it as of the Employment Agreementdate hereof, (y) hereby expressly waives all rights it may have under law that is intended to protect it from waiving unknown claims and (z) understands the significance of doing so.