Common use of Release by the Holder Clause in Contracts

Release by the Holder. In consideration of the foregoing, 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 Note and/or the Note Purchase Agreement. It being understood that this Section shall be limited in all respects to only matters arising under or related to the Note and the Note Purchase Agreement and shall under no circumstances constitute a release, waiver or discharge with respect to the Securities or any Exchange Documents or limit the Holder from taking action for matters with respect to the Securities, any Exchange Document or events that may arise in the future.

Appears in 4 contracts

Samples: Exchange Agreement (Great West Resources, Inc.), Exchange Agreement (Macrosolve Inc), Exchange Agreement (Bitcoin Shop Inc.)

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Release by the Holder. In consideration of the foregoing, 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 Note and/or the Note Purchase AgreementExchange Securities. It being understood that this Section shall be limited in all respects to only matters arising under or related to the Note and the Note Purchase Agreement Exchange Securities and shall under no circumstances constitute a release, waiver or discharge with respect to the Securities Securities, the Subscription Agreement, the related registration rights agreement or any Exchange Documents or limit the Holder from taking action for matters with respect to the Securities, the Subscription Agreement or any Exchange Document or events that may arise in the future.

Appears in 4 contracts

Samples: Exchange Agreement (Majesco Entertainment Co), Exchange Agreement (Majesco Entertainment Co), Exchange Agreement (Majesco Entertainment Co)

Release by the Holder. In consideration of the foregoing, 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 Note and/or the Note Purchase AgreementExchange Securities. It being understood that this Section shall be limited in all respects to only matters arising under or related to the Note and the Note Purchase Agreement Exchange Securities and shall under no circumstances constitute a release, waiver or discharge with respect to the Securities or any Exchange Documents or limit the Holder from taking action for matters with respect to the Securities, Securities or any Exchange Document or events that may arise in the future.

Appears in 3 contracts

Samples: Exchange Agreement (Protea Biosciences Group, Inc.), Exchange Agreement (Protea Biosciences Group, Inc.), Exchange Agreement (Polarityte, Inc.)

Release by the Holder. In consideration of the foregoing, 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 Note and/or the Note Purchase AgreementExchange Securities. It being understood that this Section shall be limited in all respects to only matters arising under or related to the Note and the Note Purchase Agreement Exchange Securities and shall under no circumstances constitute a release, waiver or discharge with respect to the Securities Securities, the Agreement, or any Exchange Documents or limit the Holder from taking action for matters with respect to the Securities, the Agreement or any Exchange Document or events that may arise in the future.

Appears in 1 contract

Samples: Exchange Agreement (Orbital Tracking Corp.)

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Release by the Holder. In consideration of the foregoing, 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 Note and/or the Note Purchase AgreementOriginal Note. It being understood that this Section shall be limited in all respects to only matters arising under or related to the Original Note and the Note Purchase Agreement and shall under no circumstances constitute a release, waiver or discharge with respect to the Securities Exchange Note or any Exchange Documents this Agreement or limit the Holder from taking action for matters with respect to the Securities, any Exchange Document Note or this Agreement or events that may arise in the future. Notwithstanding anything to the contrary in this Section 7, the parties agree that the Holder’s rights under the Security Agreement and Guaranty shall remain in full force and effect with respect to the $301,577.79 of principal of the Exchange Note, until such amount is paid in full.

Appears in 1 contract

Samples: Exchange Agreement (Protea Biosciences Group, Inc.)

Release by the Holder. In consideration of the foregoing, 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 Note Notes and/or the Note Purchase AgreementAgreements. It being understood that this Section shall be limited in all respects to only matters arising under or related to the Note Notes and the Note Purchase Agreement Agreements and shall under no circumstances constitute a release, waiver or discharge with respect to the Securities or any Exchange Documents or limit the Holder from taking action for matters with respect to the Securities, any Exchange Document or events that may arise in the future.

Appears in 1 contract

Samples: Exchange Agreement (Fuse Science, Inc.)

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