RELEASE BY XXXXXXXX. A. FOR GOOD AND VALUABLE CONSIDERATION, Borrower hereby forever relieves, releases, and discharges Bank and its present or former employees, officers, directors, agents, representatives, attorneys, and each of them, from any and all claims, debts, liabilities, demands, obligations, promises, acts, agreements, costs and expenses, actions and causes of action, of every type, kind, nature, description or character whatsoever, whether known or unknown, suspected or unsuspected, absolute or contingent, arising out of or in any manner whatsoever connected with or related to facts, circumstances, issues, controversies or claims existing or arising from the beginning of time through and including the date of execution of this Loan Modification Agreement (collectively “Released Claims”). Without limiting the foregoing, the Released Claims shall include any and all liabilities or claims arising out of or in any manner whatsoever connected with or related to the Loan Documents, the recitals hereto, any instruments, agreements or documents executed in connection with any of the foregoing or the origination, negotiation, administration, servicing and/or enforcement of any of the foregoing.
RELEASE BY XXXXXXXX. Borrower, for itself, and for its agents, servants, officers, directors, shareholders, employees, heirs, executors, administrators, successors and assigns, forever release and discharge Lender and its servants, employees, accountants, attorneys, shareholders, subsidiaries, officers, directors, heirs, executors, administrators, successors and assigns from any and all claims, demands, liabilities, accounts, obligations, costs, expenses, liens, actions, causes of action, rights to indemnity (legal or equitable), rights to subrogation, rights to contribution and remedies of any nature whatsoever, known or unknown, which Borrower had, now has, or has acquired, individually or jointly, at any time prior to the Amendment Twenty Seven Effective Date, including specifically, but not exclusively, and without limiting the generality of the foregoing, any and all of the claims, damages, demands and causes of action, known or unknown, suspected or unsuspected by Borrower which:
RELEASE BY XXXXXXXX. Borrower, for itself, and for its agents, servants, officers, directors, shareholders, employees, heirs, executors, administrators, successors and assigns, forever release and discharge Lender and its servants, employees, accountants, attorneys, shareholders, subsidiaries, officers, directors, heirs, executors, administrators, successors and assigns from any and all claims, demands, liabilities, accounts, obligations, costs, expenses, liens, actions, causes of action, rights to indemnity (legal or equitable), rights to subrogation, rights to contribution and remedies of any nature whatsoever, known or unknown, which Borrower had, now has, or has acquired, individually or jointly, at any time prior to the Agreement Date, including specifically, but not exclusively, and without limiting the generality of the foregoing, any and all of the claims, damages, demands and causes of action, known or unknown, suspected or unsuspected by Borrower which:
RELEASE BY XXXXXXXX. In exchange for the consideration set forth in this Agreement and intending to be legally bound, Xxxxxxxx, and all other persons or entities claiming with, by, or through him, hereby releases and forever discharges the Corporation, the Bank, their 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 or suits presently asserted or not asserted, accrued or unaccrued, known or unknown, that Xxxxxxxx had, now has, or may have or could claim to have against them, from the beginning of time to the date of execution of this Agreement, including, but not limited to all claims and rights: (i) in any way arising from or based upon Xxxxxxxx’x employment with the Corporation and the Bank such as and including any Corporation or Bank indemnification of Xxxxxxxx regarding his actions as a director or officer of Corporation and Bank, which indemnification is no longer required to be provided by Corporation and Bank to Xxxxxxxx except to the extent that such release of indemnification coverage by Xxxxxxxx is not permitted by applicable law, or (ii) which relate in any way to the termination of Xxxxxxxx’x employment and other duties with the Corporation and the Bank, whether pursuant to any oral or written agreements that precede this Agreement. For the same exchange of consideration referenced immediately above, and intending to be legally bound, Xxxxxxxx, and all other persons or entities claiming with, by, or through him, also releases Releasees from any and all liabilities, claims, actions, causes of action or suits presently asserted or not asserted, accrued or unaccrued, known or unknown, that Xxxxxxxx had, now has, or may have or could claim to have against them, 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 any claims for wrongful discharge, libel, slander, breach of contract, impairment of economic opportunity, intentional infliction of emotional distress or any other tort, or claims under federal, state, or local constitutions, statutes, regulations, ordinances, or common law, including without limitation claims under the Federal...
RELEASE BY XXXXXXXX. Effective upon signing this Agreement, and in exchange for the consideration received hereunder, Xxxxxxxx hereby releases and discharges Noveon and each of its subsidiaries, parents, successors and assigns from the Claims which Xxxxxxxx now has, or which it or its successors or assigns may have, including, without limitation, any acts, failures to act, omissions, misrepresentations, courses of conduct, facts, events, transactions, occurrences or other subject matters set forth, alleged, embraced or otherwise referred to, or which could have been alleged, embraced or otherwise referred to, in the Claims, including all claims for violations of federal, state, common or other law. Excepted from this release are all rights and obligations arising from this Agreement.
RELEASE BY XXXXXXXX. ACTIVE\1606274426.3
RELEASE BY XXXXXXXX. Xxxxxxxx will forever release for himself, his marital community, and his respective heirs and/or assigns (the “Xxxxxxxx Parties”), the Company and any and all of its parents, subsidiaries, directors, officers, employees, equity holders, agents, representatives, attorneys, insurers, predecessors, successors, and assigns (collectively, the “Company Parties”), from ANY AND ALL RIGHTS, CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES, PENALTIES, FEES, COSTS, EXPENSES, AND LIABILITIES, OF ANY NATURE WHATSOEVER, WHICH XXXXXXXX HAS, HAD, OR MAY HAVE AGAINST THE COMPANY OR ANY OR ALL OF THE COMPANY PARTIES IN CONNECTION WITH ANY CAUSE OR MATTER WHATSOEVER, WHETHER KNOWN OR UNKNOWN TO THE PARTIES AT THE DATE OF THIS AGREEMENT AND INCLUDING, WITHOUT LIMITATION, ALL MATTERS RELATED TO SESHADRI’S EMPLOYMENT AGREEMENT AND HIS EMPLOYMENT WITH THE COMPANY AND THE TERMINATION OF HIS EMPLOYMENT. By signing this Agreement, Xxxxxxxx agrees to FULLY WAIVE AND RELEASE ALL CLAIMS arising out of, or relating to, his employment with the Company, his termination from employment with the Company, or his resignation of any position as officer of the Company, WITH RESPECT TO, any claim or other proceeding arising under: · The Civil Rights Act of 1866 (“Section 1981”); · Title VII of the Civil Rights Act of 1964 as amended by the Civil Rights Act of 1991 (“Title VII”); · The Americans with Disabilities Act (“ADA”); · The Age Discrimination in Employment Act (“ADEA”); · The Labor Management Relations Act (“LMRA”); · The National Labor Relations Act (“NLRA”); · The Fair Labor Standards Act (“FLSA”); · The Family and Medical Leave Act of 1993 (“FMLA”); · The Nevada Civil Rights Act; · The Nevada Employment Protection Act; and/or · Any common law or statutory cause of action arising out of Seshadri’s employment or termination of employment with the Company; and/or · Any common law or statutory cause of action arising out of Seshadri’s resignation of any position as an officer of the Company; and/or · Any common law or statutory cause of action arising out of Seshadri’s status as a shareholder of Company stock. This Agreement may be used to completely bar any action or suit before any court, arbitral, or administrative body with respect to any claim under federal, state, local, or other law relating to this Agreement or to Seshadri’s employment and/or termination of employment with the Company or its predecessors, subsidiaries, successors, or assigns. The foregoing release shall NO...
RELEASE BY XXXXXXXX. XxXxxxxx, on behalf of himself and each member of his Immediate Family, and their respective heirs, legatees, successors and assigns (all of the foregoing, individually, a "Releasor", and, collectively, the "Releasors"), hereby irrevocably and forever releases and discharges Parent, the Company and Merger Sub, and each of their respective individual, joint or mutual, past, present and future stockholders, Affiliates, controlling persons, directors, officers, managers, employees, consultants, contractors, agents, financial, banking and legal advisors and other representatives, and the respective successors and assigns of each of them, (all of the foregoing, individually, a "Releasee" and, collectively, the "Releasees") from any and all claims, demands, actions, orders, obligations, contracts, debts, and Liabilities whatsoever, whether absolute or contingent, matured or unmatured, disputed or undisputed, secured or unsecured, conditional or unconditional, accrued or unaccrued, liquidated or unliquidated, vested or unvested, joint or several, due or to become due, executory, determined, determinable or otherwise, both at law and in equity, (collectively, "Claims") which XxXxxxxx or any other Releasor now has or has ever had against the respective Releasees arising contemporaneously with or prior to the date hereof or on account of or arising out of any matter, cause or event occurring, whether in XxXxxxxx'x or any other Releasor's capacity as a direct or indirect stockholder of the Company, as a beneficial owner or record holder of any Equity Interests of the Company, as an officer, employee, director, consultant or adviser to the Company or in any other capacity or due to any relationship with the Company or any of its Subsidiaries, contemporaneously with or prior to the date hereof, including (A) any dissenter's, appraisal or similar rights under applicable Law, (B) any rights to bring any lawsuit or claim action against any Person in the name or on behalf of Parent, the Company or Merger Sub, (C) any right pursuant to any Contract or any Releasee's Organizational Documents, (D) any claim pursuant to the Securities Act, Exchange Act, the SEC Rules or other securities or "blue sky" Laws, (E) any rights to indemnification or reimbursement from any Releasee, whether pursuant to their respective Organizational Documents or pursuant to any Contracts, applicable Law or otherwise, and whether or not relating to claims pending on, or asserted after, the date hereof...
RELEASE BY XXXXXXXX. XxXxxxxx does hereby for himself, his agents, representatives, affiliates, heirs, personal representatives and/or successors and assigns, or any of them, fully and forever release and discharge the Company, including its officers, directors, agents, employees, representatives, attorneys, affiliates, subsidiaries, predecessors, successors and assigns, and all persons acting by, through, under or in concert with it, or any of them (the “Company Related Entities or Persons”), of and from any and all cause or causes of action, suits, claims, demands, obligations, liabilities, damages, liens, contracts, agreements, promises, losses, costs or expenses, of any nature whatsoever, known or unknown, foreseen or unforeseen, fixed or contingent, at law or in equity, which XxXxxxxx may have or claim to have, now or in the future relating to his employment with the Company (including pursuant to the Employment Agreement), save and except for XxXxxxxx’x rights against the Company pursuant to this Agreement.
RELEASE BY XXXXXXXX. A.FOR GOOD AND VALUABLE CONSIDERATION, Borrower hereby forever relieves, releases, and discharges Bank and its present or former employees, officers, directors, agents, representatives, attorneys (collectively, the “Releasees”), and each of them, from any and all claims, debts, liabilities, demands, obligations, promises, acts, agreements, costs and expenses, actions and causes of action, of every type, kind, nature, description or character whatsoever, whether known or unknown, suspected or unsuspected, absolute or contingent, that Borrower may have against the Releasees which arise out of or in any manner whatsoever connected with or related to facts, circumstances, issues, controversies or claims existing or arising from the beginning of time through and including the date of execution of this Amendment (collectively “Released Claims”). Without limiting the foregoing, the Released Claims shall include any and all liabilities or claims arising out of or in any manner whatsoever connected with or related to the Loan Documents, the recitals hereto, any instruments, agreements or documents executed in connection with any of the foregoing or the origination, negotiation, administration, servicing and/or enforcement of any of the foregoing.
