Common use of Release by the Holder Clause in Contracts

Release by the Holder. In consideration of the foregoing, Holder and each of Holder’s respective related parties, affiliates, successors and assigns (collectively, the “Releasing Parties”) hereby forever releases, remises, acquits and discharges each of the Company and its subsidiaries, as well as each of their respective officers, directors, principals, control persons, affiliates, stockholders, past and present employees and agents, insurers, predecessors in interest, successors, and assigns (collectively, the “Company Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, costs, loss of services, expenses, compensation, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, liabilities and demands whatsoever, in law, admiralty or equity, which any of the Releasing 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 Preferred Shares, the Warrants or the Securities (including, without limitation, the Preferred Shares, the PS Shares, the Warrants, the Warrant Shares, the Exchange Shares or the Dividend Waiver Shares), the Certificate of Designations, the Subscription Agreement, the Registration Rights Agreement or any other Transaction Documents. It is the intention of the Releasing Parties that this release is a general release with regard to the performance, services, or fulfillment of duties of any kind, and shall be effective as a bar to each and every claim, demand, or cause of action that any of the Releasing Parties may now, or ever, have against the Company Parties arising out of, related to, or in any way connected with the relationship of the parties on or before the date hereof or arising out of or in connection with the Preferred Shares, the Warrants or the Securities (including, without limitation, the Preferred Shares, the PS Shares, the Warrants, the Warrant Shares, the Exchange Shares or the Dividend Waiver Shares), the Certificate of Designations, the Subscription Agreement, the Registration Rights Agreement or any other Transaction Documents. The Releasing Parties recognize that they may have some claim, demand, or cause of action against the Company Parties of which they are totally unaware and unsuspecting, and that the Releasing Parties are giving up such claims, demands, and causes of action by execution of this release. It is the intention of the Releasing Parties in executing this release that it will deprive each of them of each such unknown claim, demand, and cause of action, and prevent any of them from ever asserting such unknown claim, demand, or cause of action against any of the Released Parties. It being understood that this Section shall not limit the Holder from taking action for matters with respect to this Agreement.

Release by the Holder. In consideration of the foregoing, Holder and each of Holder’s respective related parties, affiliates, successors and assigns (collectively, the “Releasing Parties”) hereby forever releases, remises, acquits and discharges each of the Company Corporation and its subsidiariesSubsidiaries, as well as each of their respective officers, directors, principals, control persons, affiliates, stockholders, past and present employees and agents, insurers, predecessors in interest, successors, and assigns (collectively, the “Company Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, costs, loss of services, expenses, compensation, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, liabilities and demands whatsoever, in law, admiralty or equity, which any of the Releasing 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 Preferred A Shares, the Warrants or the Securities (including, without limitation, the Preferred Shares, the PS Shares, the Warrants, the Warrant Shares, the Exchange Shares or the Dividend Waiver Shares)Securities, the Certificate of DesignationsDesignation A, the Subscription Agreement, the Registration Rights Agreement or any other Transaction Documents. It is the intention of the Releasing Parties that this release is a general release with regard to the performance, services, or fulfillment of duties of any kind, and shall be effective as a bar to each and every claim, demand, or cause of action that any of the Releasing Parties may now, or ever, have against the Company Corporation Parties arising out of, related to, or in any way connected with the relationship of the parties on or before the date hereof or arising out of or in connection with the Preferred A Shares, the Warrants or the Securities (including, without limitation, the Preferred Shares, the PS Shares, the Warrants, the Warrant Shares, the Exchange Shares or the Dividend Waiver Shares)Securities, the Certificate of DesignationsDesignation A, the Subscription Agreement, the Registration Rights Agreement or any other Transaction Documents. The Releasing Parties recognize that they may have some claim, demand, or cause of action against the Company Corporation Parties of which they are totally unaware and unsuspecting, and that the Releasing Parties are giving up such claims, demands, and causes of action by execution of this release. It is the intention of the Releasing Parties in executing this release that it will deprive each of them of each such unknown claim, demand, and cause of action, and prevent any of them from ever asserting such unknown claim, demand, or cause of action against any of the Released Parties. It being understood that this Section shall not limit the Holder from taking action for matters with respect to this Agreement.

Release by the Holder. In consideration of the foregoing, Holder and each of Holder’s respective related parties, affiliates, successors and assigns (collectively, the “Releasing Parties”) hereby forever releases, remises, acquits and discharges each of the Company and its subsidiariesSubsidiaries, as well as each of their respective officers, directors, principals, control persons, affiliates, stockholders, past and present employees and agents, insurers, predecessors in interest, successors, and assigns (collectively, the “Company Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, costs, loss of services, expenses, compensation, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, liabilities and demands whatsoever, in law, admiralty or equity, which any of the Releasing 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 Preferred Shares, the Warrants or the Securities (including, without limitation, the Preferred Shares, the PS Shares, the Warrants, the Warrant Shares, related to the Exchange Shares or the Dividend Waiver Shares), the Certificate of Designations, the Subscription Agreement, the Registration Rights Agreement Securities or any other Transaction Documents. It is the intention of the Releasing Parties that this release is a general release with regard to the performance, services, or fulfillment of duties of any kind, and shall be effective as a bar to each and every claim, demand, or cause of action that any of the Releasing Parties may now, or ever, have against the Company Parties arising out of, related to, or in any way connected with the relationship of the parties on or before the date hereof or arising out of or in connection with the Preferred Shares, the Warrants or the Exchange Securities (including, without limitation, the Preferred Shares, the PS Shares, the Warrants, the Warrant Shares, the Exchange Shares or the Dividend Waiver Shares), the Certificate of Designations, the Subscription Agreement, the Registration Rights Agreement or any other Transaction Documents. The Releasing Parties recognize that they may have some claim, demand, or cause of action against the Company Parties of which they are totally unaware and unsuspecting, and that the Releasing Parties are giving up such claims, demands, and causes of action by execution of this release. It is the intention of the Releasing Parties in executing this release that it will deprive each of them of each such unknown claim, demand, and cause of action, and prevent any of them from ever asserting such unknown claim, demand, or cause of action against any of the Released Parties. It being understood that this Section shall not limit the Holder from taking action for matters with respect to this Agreement.

Release by the Holder. In consideration of the foregoingThe Holder, Holder and each of Holder’s respective related partiesincluding its predecessors, successors, members, shareholders, officers, directors, employees, parents, subsidiaries, affiliates, successors executors, administrators, attorneys, trustees, representatives, agents, assigns, insurers and assigns any other persons or entities that they represent or in which they have a beneficial interest or interest as a partner (collectively, the “Releasing Holder Parties”) hereby release, remise, acquit and forever releases, remises, acquits and discharges each of the Company and its subsidiaries, as well as each of their respective officers, directors, principals, control persons, affiliates, stockholders, past and present employees and agents, insurers, predecessors in interest, successors, and assigns (collectively, the “Company Parties”), from discharge any and all claims (including claims for costs and attorneys’ fees), demands, sums of money, actions, rights, causes of action, suits, debts, demands, dues, sums of moneydamages, accounts, reckonings, bonds, billslosses, costs, loss of services, expenses, compensation, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extentsobligations and liabilities at law or in equity, executions, claims, liabilities and demands of any kind or nature whatsoever, in lawknown or unknown, admiralty that they may have had or equity, which any of the Releasing Parties ever claimed to have had, or now have or claim to have or hereafter can, shall may have or may assert to have for, upon, or by reason of any matter, cause or thing whatsoeverrelating to or arising out of the Warrant or that certain Securities Purchase Agreement, dated December 12, 2016, by and among the Company, the Holder and each other purchaser party thereo (the “Claims”), whether directly or not indirectly, from the beginning of the world to the date of this Agreement as against Inpixon, including its predecessors, successors, members, shareholders, officers, directors, employees, parents, subsidiaries, affiliates, executors, administrators, attorneys, trustees, representatives, agents, assigns, insurers and any other persons or entities that they represent, by which they are employed, for which they are directors, or in which they have a beneficial interest or interest as a partner (the “Inpixon Parties”), provided, however, that nothing in this release shall limit or affect the rights of the Holder to enforce this Agreement. The Holder Parties acknowledge, understand, and agree that they may hereafter discover facts, injuries or damages in addition to or different from those which itknows or believes to be true with respect to the subject matter of this instrument, but that it is the Holder Parties’ intention hereby to fully, finally and forever settle and release any and all matters, disputes and differences, known or unknown, arising under suspected and unsuspected, with respect to the Preferred SharesClaims which do now exist, may exist, or heretofore have existed between the Warrants or Holder Parties, on the Securities (includingone hand, without limitationand the Inpixon Parties on the other hand. The foregoing notwithstanding, no release shall apply to, and terms “Claim(s)” shall not apply to any indemnification rights granted by the Preferred Shares, Company to the PS Shares, the Warrants, Holder pursuant to the Warrant Shares, the Exchange Shares or the Dividend Waiver Shares), the Certificate of Designations, the Subscription Agreement, the Registration Rights Agreement or any other Transaction Documents. It is the intention of the Releasing Parties that this release is a general release with regard agreement to the performance, services, or fulfillment of duties of any kind, and shall be effective as a bar to each and every claim, demand, or cause of action that any of the Releasing Parties may now, or ever, have against the Company Parties arising out of, related to, or in any way connected with the relationship of the parties on or before the date hereof or arising out of or in connection with the Preferred Shares, the Warrants or the Securities (including, without limitation, the Preferred Shares, the PS Shares, the Warrants, the Warrant Shares, the Exchange Shares or the Dividend Waiver Shares), the Certificate of Designations, the Subscription Agreement, the Registration Rights Agreement or any other Transaction Documents. The Releasing Parties recognize that they may have some claim, demand, or cause of action against the Company Parties of which they are totally unaware and unsuspecting, and that the Releasing Parties are giving up such claims, demands, and causes of action by execution of this release. It is the intention of the Releasing Parties in executing this release that it will deprive each of them of each such unknown claim, demand, and cause of action, and prevent any of them from ever asserting such unknown claim, demand, or cause of action against any of the Released Parties. It being understood that this Section shall not limit the Holder from taking action for matters with respect to this Agreementand Company are parties.