Release by Xxxxxx. 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.
Release by Xxxxxx. Xxxxxx, in his individual capacity and on behalf of all of his present or former agents, representatives, employees, independent contractors, attorneys, insurers, parents, assigns, and affiliates (collectively, the “Xxxxxx Releasing Parties”), subject to the terms and conditions set forth herein, and timely payment of the Xxxxxx Redemption Payment and delivery of the Common Stock, hereby releases, acquits and forever discharges the Company, and all of its present or former agents, representatives, employees, independent contractors, directors, shareholders, officers, attorneys, insurers, subsidiaries, divisions, parents, assigns, affiliates, predecessors and successors (the “Company Released Parties”) from and against any and all debts, obligations, losses, costs, promises, covenants, contracts, endorsements, bonds, controversies, suits, actions, causes of action, misrepresentations, defamatory statements, tortuous conduct, acts or omissions, rights, obligations, liabilities, judgments, damages, expenses, claims, counterclaims, cross-claims, or demands, in law or equity, asserted or unasserted, express or implied, foreseen or unforeseen, real or imaginary, alleged or actual, suspected or unsuspected, known or unknown, liquidated or non-liquidated, of any kind or nature or description whatsoever with respect to the Company Released Parties, including, but not limited to Xxxxxx’x ownership of the Series A Shares arising at any time through the date of this Agreement which any of the Xxxxxx Releasing Parties presently has, may have, or claim or assert to have with respect to any of the Company Released Parties. Xxxxxx acknowledges that he has been advised by his attorneys and are familiar with and understand the provisions of California Civil Code Section 1542 as well as all similar provisions of federal law and Nevada state law, if any, that may provide any right or benefit that is similar in any material respect to California Civil Code Section 1542, as amended, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Xxxxxx hereby voluntarily and expressly waives and relinquishes each and every right or benefit which he may have under California Civil Code Section 1542 and all applicable provisi...
Release by Xxxxxx. In consideration of the foregoing, each 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 Exchange Securities. It being understood that this Section 7 shall be limited in all respects to only matters arising under or related to the Exchange Securities and shall under no circumstances constitute a release, waiver or discharge with respect to the Preferred Stock or this Agreement or limit the Holder from taking action for matters with respect to the Preferred Stock or this Agreement or events that may arise in the future.
Release by Xxxxxx. In consideration of the mutual covenants and undertakings set forth herein, Xxxxxx, and each of its subsidiaries, successors, affiliates, predecessors, assigns, agents, advisors, officers, directors, employees, legal representatives, partners and all persons acting by, through or under Xxxxxx (hereafter referred to in this subpart as “Xxxxxx Releasors”) hereby release and forever discharge the Company, and each of their respective subsidiaries, successors, affiliates, predecessors, assigns, agents, advisors, employees, legal representatives, partners and all persons acting by, through or under the Company (hereafter referred to in this subpart as “Company Releasees”) of and from all obligations, actions, causes, causes of action, claims at law or in equity, suits, debts, liens, encumbrances, contracts, agreements, promises, liabilities, demands, damages, liquidating damages, penalties, losses, costs or expenses of any nature whatsoever, known or unknown, fixed or contingent, which Xxxxxx Releasors now have against Company Releasees that arise under the Debenture and the Transactional Documents.
Release by Xxxxxx. In consideration of the separation payments provided in this Agreement, Xxxxxx, on behalf of himself, his successors, heirs, administrators, executors, assigns, attorneys, agents and representatives, and each of them, irrevocably and unconditionally waives, releases, and promises never to assert against LS&Co., and its present and former parent companies, affiliates, subsidiaries, officers, directors, present and former employees, attorneys, insurers, agents, successors, and assigns, and each of them (collectively “releasees”), any and all debts, claims, liabilities, demands, and causes of action of every kind, nature and description he may have against releasees, including all those arising out of or related to Xxxxxx’x employment with, and termination from LS&Co., or any affiliate, or any other claim of any kind arising from any act that occurred during Xxxxxx’x employment with LS&Co. including the termination of employment contemplated by this Agreement; provided, however, that Xxxxxx is not waiving any claims or rights set forth in Section 7 of this Agreement. These claims include, but are not limited to, claims arising in any jurisdiction in the world, including any claims under U.S. federal, state, or local statutory or common law such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Employee Retirement Income Security Act, the Family and Medical Leave Act of 1993, the Workers Adjustment and Retraining Notification Act, the California Fair Employment and Housing Act; the California Civil Code, the California Labor Code, the California WARN Act (Cal. Labor Code §§1400 et seq.), claims arising under contract or any alleged breach of tort law; and claims arising out of any law or public policy of the United States of America, the State of California, or any other governmental entity. Xxxxxx accepts the amounts to which he is entitled by virtue of this Agreement as final settlement of accounts between the parties and declares expressly that, subject to performance of this Agreement, neither LS&Co. nor any company affiliated with LS&Co. - wherever located - will have any further obligations vis-à-vis him. Xxxxxx confirms that he has no further rights or claims - and to the extent relevant he knowingly and expressly waives any and all of such rights and claims - against LS&Co. or any of its affiliates, wherever located and under any applicable laws of any relevant jurisdiction,...
Release by Xxxxxx. Xxxxxx, on behalf of itself and its predecessors, successors, assigns, and Affiliates, does hereby now and forever release and discharge the Defendant Released Parties from any and all Claims that were made or that could have been made by Xxxxxx in the California Action and all of the approximately $36.1 million jury verdict in the California Action, as well as from any and all Claims (as defined herein or as in the Amended Plan, whichever definition is broader) that Xxxxxx made or could have made in the Bankruptcy Case. This release does not extend to third parties other than those specifically identified as Defendant Released Parties in those capacities; provided that nothing herein releases any rights that Xxxxxx may have to injunctions against future violations of Xxxxxx’x ownership or nonmonetary rights to property, to specific performance against future violations of confidentiality or other nonmonetary rights of Xxxxxx or to declaratory relief as to future violations of Xxxxxx’x ownership or other nonmonetary rights. In particular, without limiting the generality of the foregoing, nothing herein shall be deemed to release any of Xxxxxx’x rights to nonmonetary relief to protect against future violations of Xxxxxx’x rights in what Xxxxxx identifies as its intellectual property and other nonmonetary rights.
Release by Xxxxxx. Xxxxxx, on its own behalf and on behalf of its Affiliates, predecessors, successors, and assigns and all others claiming by or through any of the foregoing (collectively, the “Xxxxxx Parties”) hereby releases and forever discharges the Indevus Parties and their respective assigns, attorneys, agents, legal representatives, officers, directors, employees, predecessors, successors, distributors, manufacturers and Affiliates (collectively, the “Indevus Releasees”) from any and all claims, causes of action, actions, duties, rights, damages, liabilities, losses, and obligations of every kind and manner whatsoever, in law or in equity, judicial or administrative, civil or criminal, whether or not now known, claimed or asserted, which any Xxxxxx Party now has, had at any time or may in the future claim to have, against any of the Indevus Releasees based on, arising out of or related to the Agreement or the Supply Agreement and arising from any actions, omissions, or events prior to the Amendment Effective Date, provided, however, that the foregoing release shall not include, and Xxxxxx shall retain, all claims, causes of action, actions, duties, rights, damages, liabilities, losses, or obligations (a) arising out of or under this Amendment, or (b) that are outstanding payment and/or supply or delivery obligations that have accrued in the ordinary course of business under the Agreement or the Supply Agreement (i) during the Calendar Quarter ended September 30, 2006 or (ii) commencing October 1, 2006 through the Amendment Effective Date.
Release by Xxxxxx. Xxxxxx, together with its agents, fellow agents, representatives, assigns, attorneys, and any and all persons or entities in privity with them, do hereby release, cancel, acquit, relinquish, and forever discharge the Owner, together with any subsidiaries, parents, affiliates, owners, officers, directors, agents, fellow agents, representatives, employees, attorneys, insurers, and any and all persons or entities in privity with any of the foregoing (collectively, “Owner Releasees”), from claims, demands, causes of action, damages, liabilities, expenses, fees and costs, including attorneys’ fees, whether known or not known, suspected or claimed, that Tenant ever had, now has, or that may later develop, appear or accrue against the Owner Releasees arising out of or related to Alleged Violation, the Property, or the Lawsuit.
Release by Xxxxxx. (a) Lender releases Original Guarantor from any and all liability under the Original Guaranty except to the extent that Original Guarantor guaranties payment of Original Borrower’s liability under Section 18 [Environmental Hazards] of the Security Instrument.
Release by Xxxxxx. Except as to claims arising out of TRX’s promises and obligations under this Separation Agreement, Xxxxxx, on behalf of himself and his spouse, heirs, executors, administrators, assigns, insurers, attorneys and other persons or entities, acting or purporting to act on his behalf (collectively, “Xxxxxx Parties”), does hereby irrevocably and unconditionally release, acquit and forever discharge TRX Fulfillment Services, LLC and TRX, Inc., and their subsidiaries, affiliates, directors, officers, employees, partners, agents, representatives, predecessors, successors, assigns, insurers, and attorneys (collectively, the “TRX Parties”), from any and all actions, causes of action, suits, claims, obligations, liabilities, debts, demands, contentions, damages, judgments, levies and executions of any kind, whether in law or in equity, known or unknown, including but not limited to claims which the Xxxxxx Parties have or have had against the TRX Parties by reason of, arising out of, related to, or resulting from Xxxxxx’x employment with TRX or the termination thereof. The claims released herein specifically include, but are not limited to, any claims arising in tort or contract, any claim based on wrongful discharge, any claim based on breach of contract, any claim for defamation or other intentional or negligent conduct, and any claim arising under federal, state, or local law prohibiting race, sex, age, religion, national origin, handicap, disability or other forms of discrimination. This release specifically includes any claim which the Xxxxxx Parties have or have had under Georgia state law regarding employment discrimination or wages; Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 1981; the Equal Pay Act; the Age Discrimination in Employment Act, as amended; the Americans with Disabilities Act; the Family and Medical Leave Act (including any reinstatement rights thereunder); the Uniformed Services Employment and Reemployment Rights Act; the Employee Polygraph Protection Act; and the Employee Retirement Income Security Act, as amended. The claims released herein also specifically include any claims for attorney’s fees or expenses of litigation arising out of any dispute between the Xxxxxx Parties and the TRX Parties relating to any claim released herein. This release does not apply to (a) workers compensation or unemployment benefit claims; (b) claims arising after the Effective Date; or (c) Xxxxxx’x entitlement to vested benefits under any TRX...
