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. 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 Series E Preferred Stock or this Agreement or limit the Holder from taking action for matters with respect to the Series E Preferred Stock or this Agreement or events that may arise in the future.
Release by Xxxxxx. Xx consideration of the payments and severance benefits set forth in this Agreement which consideration and severance benefits Xxxxxx was not otherwise entitled to receive, and intending to be legally bound, Xxxxxx, and all other persons or entities claiming with, by, or through him, hereby releases and forever discharges Corporation, and its predecessors, successors, affiliates, subsidiaries, parents, partners and all of their present and past shareholders, directors, officers, agents, employees and attorneys, and all other persons or entities who could be said to be jointly or severally liable with them, (individually and collectively "the Releasees") from any and all liabilities, claims, actions, causes of action, rights, judgments, obligations, demands, or suits presently asserted or not asserted, accrued or unaccrued, known or unknown, that Xxxxxx had, now has, or may have or could claim to have against the Releasees, from the beginning of time to the date of execution of this Agreement, including, but not limited to all claims and rights in any way arising from or based upon Xxxxxx'x employment with Corporation, or which relate in any way to the termination of Xxxxxx'x employment with Corporation, and also including Title VII of Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Pennsylvania Human Relations Act, the Federal Age Discrimination in Employment Act, the Federal Older Workers Benefit Protection Act, the Family and Medical Leave Act, any Whistleblower provision of any statute or law, the Employee Retirement Income Security Act of 1974, and any other statute, regulation, or law or amendments thereto. Xxxxxx waives any rights under the Corporation’s stock option plans, discharges the Corporation from any liabilities under Corporation stock option plans, and agrees not to initiate or institute any action, complaint, claim, charge, arbitration or lawsuit pursuant to or related to the Corporation’s stock option plans. Xxxxxx further agrees that the payments and benefits described in this Agreement shall be in full satisfaction of any and all claims for payments or benefits, whether express or implied, that Xxxxxx may have against the Releasees arising out of his employment relationship or his service as an employee, officer, and director of the Corporation and the termination thereof, other than rights under the Corporation pension plan and 401(k) plan.
Release by Xxxxxx. (a) In exchange for the Settlement Payment described in Paragraph 1 and the release provided by ITG described in Paragraph 4, upon the Effective Date, Xxxxxx, for himself and on behalf of his spouse, domestic partner, children, present and former representatives, agents, advisers, attorneys, predecessors, successors, insurers, administrators, heirs, executors, assigns, trusts, trustees and beneficiaries, and all others acting or purporting to act on his behalf (collectively, the “Xxxxxx Releasing Parties”), hereby unconditionally and irrevocably waives, releases and forever discharges ITG and each of its current and former agents, advisers, representatives, predecessors, successors, assigns, parent companies, subsidiaries, affiliates, beneficiaries, executors, administrators, insurers, reinsurers, sureties, auditors, attorneys, officers, directors, stockholders, employees, and all others acting or purporting to act on their behalf, past and present (collectively, the “ITG Released Parties”), from any and all debts, demands, actions, causes of action, complaints, suits, accounts, covenants, contracts, agreements, damages, losses, judgments, executions, orders, fees, costs, and expenses, and any and all claims, demands and liabilities whatsoever of any kind, whether in law or in equity, known or unknown, suspected or unsuspected, whether sounding in tort, contract, under state or federal law or any other rule, regulation or authority, including without limitation, any claims arising out of or related to the Arbitration, which the Xxxxxx Releasing Parties have, or ever had, against the ITG Released Parties, from the beginning of time to the date of this Agreement, except for the matters set forth in Paragraph 5. Without limiting the generality of the foregoing, this waiver, release, and discharge includes, but is not limited to, any claim or right based upon or arising out of or relating in any way to Xxxxxx’x employment relationship or any other associations with ITG or any termination thereof, including, but not limited to, any claim for wrongful discharge or any claim or right arising under any federal, state or local fair employment practices or equal opportunity laws, including, but not limited to the following federal laws and, as applicable, the laws of the state and/or city in which Xxxxxx is or has been employed: the Age Discrimination in Employment Act (“ADEA”), the Rehabilitation Act of 1973, the Worker Adjustment and Retraining Notification Act, 4...
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. 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, 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. 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 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, for himself and his partners, employees, accountants, advisors, agents, attorneys, administrators, parents, subsidiaries, affiliates, heirs, legatees, successors and assigns (all of the foregoing collectively, the “Xxxxxx Releasors”), in consideration of the mutual releases and covenants not to xxx contained herein and other good and sufficient consideration, hereby unconditionally and irrevocably release and discharge Xxxxxxx and each of his present and former partners, employees, accountants, advisors, agents, attorneys, administrators, parents, subsidiaries, subcontractors, affiliates, legatees, predecessors, successors and assigns (all of the foregoing collectively, the “Xxxxxxx Releasees”) from all actions, causes 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, whether known or unknown, absolute or contingent which the Xxxxxx Releasors ever had, now have or may have against the Xxxxxxx Releasees or any of them for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to and including the Effective Date, except as set forth in Section 4.
