Common use of Release; Covenant Not to Sue Clause in Contracts

Release; Covenant Not to Sue. 4157-6934-3555 (a) Each Loan Party, on behalf of itself and its Subsidiaries, successors, assigns, heirs and other legal representatives, absolutely, unconditionally and irrevocably releases, waives, relinquishes, remises and forever discharges the Administrative Agent, the Lenders, each of their respective Affiliates and Related Funds, each of their respective successors and assigns, and each of their respective present and former parents, shareholders, participants, trustees, partners, subsidiaries, directors, officers, attorneys, employees, agents, accountants, consultants and other representatives (collectively, the “Releasees”), from all claims, demands, obligations, liabilities or causes of action of any kind or nature, whether arising in law or equity or under contract or tort or under any state or federal law or otherwise, which any Loan Party, any Subsidiary or any of its successors, assigns or other legal representatives has had, now has or has made claim to have against any Releasee by reason of any direct or indirect act, omission, or cause, existing on or before the date of this Amendment (collectively, “Claims”), whether such Claims are matured or unmatured or known or unknown. Each Loan Party, on behalf of itself and its Subsidiaries, successors, assigns, heirs, and other legal representatives, hereby absolutely, unconditionally and irrevocably covenants in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, waived, relinquished, remised and discharged pursuant to this Section. If any Loan Party or any of its Subsidiaries, successors, assigns, heirs or other legal representatives violates the foregoing covenant, each Loan Party agrees to pay, on a joint and several basis, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs reasonably incurred by any Releasee as a result of such violation. (b) Each Loan Party acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted or attempted in breach of the provisions of such release.

Release; Covenant Not to Sue. 4157-6934-3555 (a) Each Loan PartyIn consideration of the agreements of the Administrative Agent contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Borrower, each Guarantor and each Additional Guarantor, on behalf of itself and its Subsidiaries, successors, assigns, heirs and other legal representatives, absolutely, unconditionally and irrevocably releases, waives, relinquishes, remises and forever discharges the Administrative Agent, the Lenders, each of their respective Affiliates and Related Funds, each of their respective successors and assigns, and each of their respective its present and former parentsmembers, managers, shareholders, participants, trustees, partnersaffiliates, subsidiaries, divisions, directors, officers, attorneys, employees, agents, accountants, consultants legal representatives and other representatives (collectivelythe Borrower, each Guarantor, each Additional Guarantor and all such other Persons being hereinafter referred to collectively as the “ReleaseesReleasing Parties” and individually as a “Releasing Party”), from all claims, demands, obligations, liabilities or causes of action of any kind or nature, whether arising in law or equity or under contract or tort or under any state or federal law or otherwise, which any Loan Party, any Subsidiary or any of its successors, assigns or other legal representatives has had, now has or has made claim to have against any Releasee by reason of any direct or indirect act, omission, or cause, existing on or before the date of this Amendment (collectively, “Claims”), whether such Claims are matured or unmatured or known or unknown. Each Loan Party, on behalf of itself and its Subsidiaries, successors, assigns, heirs, and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Administrative Agent, each Lender, and each of their respective successors and assigns, and their respective present and former shareholders, members, managers, affiliates, subsidiaries, divisions, directors, officers, attorneys, employees, agents, legal representatives and other representatives (the Administrative Agent, Lenders and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from any and all demands, actions, causes of action, suits, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every kind and nature, known or suspected, at law or in equity, which any Releasing Party or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the date of this Amendment, for or on account of, or in relation to, or in any way in connection with this Amendment, the Credit Agreement, any of the other Credit Documents or any of the transactions hereunder or thereunder. Releasing Parties hereby represent to the Releasees that they have not assigned or transferred any interest in any Claims against any Releasee prior to the date hereof. (b) The Borrower, each Guarantor and each Additional Guarantor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) The Borrower, each Guarantor and each Additional Guarantor agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered will affect in any manner the final, absolute and unconditional nature of the release set forth above. (d) Each Releasing Party hereby absolutely, unconditionally and irrevocably covenants and agrees with and in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, waived, relinquished, remised and discharged by any Releasing Party pursuant to this Sectionand subject to the terms of Section 10(a) above. If any Loan Releasing Party or any of its Subsidiaries, successors, assigns, heirs or other legal representatives violates the foregoing covenant, each Loan Party Credit Party, for itself and its successors and assigns, and its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, directors, officers, attorneys, employees, agents, legal representatives and other representatives, agrees to pay, on a joint and several basis, in addition to such other damages as any Releasee may sustain as a result of such violation, all reasonable and documented attorneys’ fees and costs reasonably incurred by any Releasee as a result of such violation. (b) Each Loan Party acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted or attempted in breach of the provisions of such release.

Release; Covenant Not to Sue. 4157-6934-3555 (a) Each Loan PartyIn consideration of the agreements of the Administrative Agent contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Borrower and each Guarantor, on behalf of itself and its Subsidiaries, successors, assigns, heirs and other legal representatives, absolutely, unconditionally and irrevocably releases, waives, relinquishes, remises and forever discharges the Administrative Agent, the Lenders, each of their respective Affiliates and Related Funds, each of their respective successors and assigns, and each of their respective its present and former parentsmembers, managers, shareholders, participants, trustees, partnersaffiliates, subsidiaries, divisions, directors, officers, attorneys, employees, agents, accountants, consultants legal representatives and other representatives (collectivelythe Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “ReleaseesReleasing Parties” and individually as a “Releasing Party”), from all claims, demands, obligations, liabilities or causes of action of any kind or nature, whether arising in law or equity or under contract or tort or under any state or federal law or otherwise, which any Loan Party, any Subsidiary or any of its successors, assigns or other legal representatives has had, now has or has made claim to have against any Releasee by reason of any direct or indirect act, omission, or cause, existing on or before the date of this Amendment (collectively, “Claims”), whether such Claims are matured or unmatured or known or unknown. Each Loan Party, on behalf of itself and its Subsidiaries, successors, assigns, heirs, and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Administrative Agent, each Lender, and each of their respective successors and assigns, and their respective present and former shareholders, members, managers, affiliates, subsidiaries, divisions, directors, officers, attorneys, employees, agents, legal representatives and other representatives (the Administrative Agent, Lenders and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from any and all demands, actions, causes of action, suits, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every kind and nature, known or suspected, at law or in equity, which any Releasing Party or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the date of this Amendment, for or on account of, or in relation to, or in any way in connection with this Amendment, the Credit Agreement, any of the other Credit Documents or any of the transactions hereunder or thereunder. Releasing Parties hereby represent to the Releasees that they have not assigned or transferred any interest in any Claims against any Releasee prior to the date hereof. (b) The Borrower and each Guarantor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) The Borrower and each Guarantor agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered will affect in any manner the final, absolute and unconditional nature of the release set forth above. (d) Each Releasing Party hereby absolutely, unconditionally and irrevocably covenants and agrees with and in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, waived, relinquished, remised and discharged by any Releasing Party pursuant to this Sectionand subject to the terms of Section 10(a) above. If any Loan Releasing Party or any of its Subsidiaries, successors, assigns, heirs or other legal representatives violates the foregoing covenant, each Loan Party Credit Party, for itself and its successors and assigns, and its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, directors, officers, attorneys, employees, agents, legal representatives and other representatives, agrees to pay, on a joint and several basis, in addition to such other damages as any Releasee may sustain as a result of such violation, all reasonable and documented attorneys’ fees and costs reasonably incurred by any Releasee as a result of such violation. (b) Each Loan Party acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted or attempted in breach of the provisions of such release.

Release; Covenant Not to Sue. 4157-6934-3555 (a) Each Loan Party, on behalf In consideration of itself and its Subsidiaries, successors, assigns, heirs and other legal representatives, absolutely, unconditionally and irrevocably releases, waives, relinquishes, remises and forever discharges the agreements of the Administrative Agent, the LendersFILO B Documentation Agent, the Consenting Lenders and the other Secured Parties contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, to the extent that any offsets, defenses or claims may exist arising out of or relating to this Amendment or the other Loan Documents against the Administrative Agent, the FILO B Documentation Agent, each Lender, each other Secured Party and/or any of their respective Affiliates and Related Funds, each of their respective successors and assigns, and each of their respective present and former parents, shareholders, participants, trustees, partners, subsidiaries, directorsaffiliates, officers, attorneysdirectors, employees, agents, accountantsattorneys, consultants predecessors, successors or assigns (the Administrative Agent, the FILO B Documentation Agent, each Lender, each other Secured Party and all such other representatives Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), each Loan Party by acceptance of this Amendment, for itself and its successors, assigns, parents, subsidiaries, affiliates, predecessors, employees, agents, heirs and executors, as applicable (collectively, the “ReleaseesReleasors”), jointly and severally with each other Loan Party, releases, remises, acquits and forever discharges the Releasees (each, a “Released Party” and collectively, the “Released Parties”), of and from any and all claimsmanner of actions, demands, obligations, liabilities or causes of action action, torts, suits, debts, controversies, damages, judgments, executions, claims and demands whatsoever (each, a “Claim” and collectively, the “Claims”) of any kind or every name and nature, whether arising asserted or unasserted, known or unknown, suspected or unsuspected, in law or equity in equity, that exist or under contract have occurred or tort or under any state or federal law or otherwise, which any Loan Party, any Subsidiary or any of its successors, assigns or other legal representatives has had, now has or has made claim to have against any Releasee by reason of any direct or indirect act, omission, or cause, existing accrued on or before prior to the date of this Amendment (collectivelyarising out of or relating to this Amendment or any other Loan Document or the transaction related thereto, “Claims”)which the Releasors ever had or now have against any of the Released Parties, including any presently existing claim whether or not presently known, suspected, contemplated or anticipated, in each case except for claims that are determined by a court of competent jurisdiction in a final judgment not subject to appeal to have arisen out of or resulted from fraud on the part of such Claims are matured or unmatured or known or unknownReleased Party. Each Loan Party, on behalf of itself and its Subsidiaries, successors, assigns, heirs, and other legal representatives, hereby absolutely, unconditionally and irrevocably covenants in favor of each Releasee Releasor acknowledges that it will not sue (at lawhas been advised to consult with legal counsel and is familiar with the provisions of California Civil Code Section 1542, in equitya statute that otherwise prohibits the release of unknown claims, in any regulatory proceeding or otherwise) any Releasee on the basis which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each Releasor, being aware of any Claim releasedsaid code section, waived, relinquished, remised and discharged pursuant to this Section. If any Loan Party or any of its Subsidiaries, successors, assigns, heirs or other legal representatives violates the foregoing covenant, each Loan Party agrees to payexpressly waive any rights it may have thereunder, on a joint and several basis, in addition to such as well as under any other damages as any Releasee may sustain as a result statute or common law principles of such violation, all attorneys’ fees and costs reasonably incurred by any Releasee as a result of such violationsimilar effect. (b) Each Loan Party understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each Loan Party agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered will affect in any manner the final, absolute and unconditional nature of the release set forth above. (d) Each Releasor hereby absolutely, unconditionally and irrevocably covenants and agrees with and in favor of each Released Party that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Released Party on the basis of any Claim released, remised and discharged by any Releasor pursuant to and subject to the terms of Section 12(a) above. If any Releasor violates the foregoing covenant, each Loan Party, for itself and its successors and assigns, and its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, directors, officers, attorneys, employees, agents, legal representatives and other representatives, agrees to pay, in addition to such other damages as any Released Party may sustain as a result of such violation, all reasonable and documented attorneys' fees and costs incurred by any Released Party as a result of such violation.

Release; Covenant Not to Sue. 4157-6934-3555 (a) Each Loan PartyIn consideration of this Third Amendment and the agreements and waivers of the Administrative Agent and the Consenting Lenders and Consenting Voting Participants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Borrower, on behalf of itself and each of its Restricted Subsidiaries, successorsand each of their respective successors and assigns (collectively, assignsas the “Releasing Parties” and each, heirs and other legal representativesindividually, as a “Releasing Party”), hereby absolutely, unconditionally and irrevocably releases, waives, relinquishes, remises and forever discharges the Administrative Agent, the Lenders, Agent and each of their respective Affiliates the Consenting Lenders and Related Funds, each of Consenting Voting Participants and their respective successors and assigns, and each of their respective present and former parents, shareholders, participants, trustees, partnersaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, accountants, consultants agents and other representatives (collectivelythe Administrative Agent, each Consenting Lender and Consenting Voting Participant and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, demandscounterclaims, obligationsdefenses, rights of set off, demands and liabilities whatsoever of every name and nature now known or causes of action of any kind unknown, suspected or natureunsuspected, whether arising both at law and in law or equity or under contract or tort or under any state or federal law or otherwiseequity, which any Loan PartyReleasing Party may hold, any Subsidiary have or any of its successors, assigns or other legal representatives has had, now has or has made claim to have against the Releasees or any Releasee of them for, upon, or by reason of any direct circumstance, action, cause or indirect actthing whatsoever, omissionfor or on account of, or causein relation to, existing or in any way in connection with the Third Amendment or the transactions hereunder, in each case which has arisen at any time on or before prior to the date Third Amendment Effective Date; provided that for the avoidance of doubt, nothing in this Amendment (collectivelySection VIII shall affect continuing obligations of the Releasees under this Third Amendment, “Claims”), whether such Claims are matured or unmatured or known or unknown. Each the Amended Credit Agreement and the other Loan PartyDocuments The Borrower confirms, on behalf of itself and its Subsidiarieseach other Releasing Party, successorsthat it and they (i) understand, assignsacknowledge and agree that the releases set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, heirssuit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release and (ii) agree that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered will affect in any manner the final, absolute and unconditional nature of the release set forth above. The Borrower, on behalf of itself and each other legal representativesReleasing Party, hereby absolutely, unconditionally and irrevocably covenants and agrees with and in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, waived, relinquished, remised and discharged by any Releasing Party pursuant to this Section. If any Loan Party or any of its Subsidiaries, successors, assigns, heirs or other legal representatives violates the foregoing covenant, each Loan Party agrees to pay, on a joint and several basis, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs reasonably incurred by any Releasee as a result of such violationSection VIII. (b) Each Loan Party acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted or attempted in breach of the provisions of such release.

Release; Covenant Not to Sue. 4157-6934-3555 (a) Each Loan Party, on behalf In consideration of itself and its Subsidiaries, successors, assigns, heirs and other legal representatives, absolutely, unconditionally and irrevocably releases, waives, relinquishes, remises and forever discharges the agreements of the Administrative Agent, the LendersConsenting Lenders and the other Secured Parties contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, to the extent that any offsets, defenses or claims may exist arising out of or relating to this Amendment or the other Loan Documents against the Administrative Agent, each Lender, each other Secured Party and/or any of their respective Affiliates and Related Funds, each of their respective successors and assigns, and each of their respective present and former parents, shareholders, participants, trustees, partners, subsidiaries, directorsaffiliates, officers, attorneysdirectors, employees, agents, accountantsattorneys, consultants predecessors, successors or assigns (the Administrative Agent, each Lender, each other Secured Party and all such other representatives Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), each Loan Party by acceptance of this Amendment, for itself and its successors, assigns, parents, subsidiaries, affiliates, predecessors, employees, agents, heirs and executors, as applicable (collectively, the “ReleaseesCompany Releasors”), jointly and severally with each other Loan Party, releases, remises, acquits and forever discharges the Releasees (each, a “Released Party” and collectively, the “Released Parties”), of and from any and all claimsmanner of actions, demands, obligations, liabilities or causes of action action, torts, suits, debts, controversies, damages, judgments, executions, claims and demands whatsoever (each, a “Claim” and collectively, the “Claims”) of any kind or every name and nature, whether arising asserted or unasserted, known or unknown, suspected or unsuspected, in law or equity in equity, that exist or under contract have occurred or tort or under any state or federal law or otherwise, which any Loan Party, any Subsidiary or any of its successors, assigns or other legal representatives has had, now has or has made claim to have against any Releasee by reason of any direct or indirect act, omission, or cause, existing accrued on or before prior to the date of this Amendment (collectivelyarising out of or relating to this Amendment or the Company Releasors or any other Loan Document or the transaction related thereto, “Claims”)which the Company Releasors ever had or now have against any of the Released Parties, including any presently existing claim whether or not presently known, suspected, contemplated or anticipated, in each case except for claims that are determined by a court of competent jurisdiction in a final judgment not subject to appeal to have arisen out of or resulted from fraud on the part of such Claims are matured or unmatured or known or unknownReleased Party. Each Company Releasor acknowledges that it has been advised to consult with legal counsel and is familiar with the provisions of California Civil Code Section 1542, a statute that otherwise prohibits the release of unknown claims, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each Company Releasor, being aware of said code section, agrees to expressly waive any rights it may have thereunder, as well as under any other statute or common law principles of similar effect. In consideration of the agreements of the Administrative Agent, the Consenting Lenders and the other Secured Parties contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, to the extent that any offsets, defenses or claims may exist arising out of or relating to this Amendment or the other Loan PartyDocuments against the Releasees, on behalf each Lender by acceptance of this Amendment, for itself and its Subsidiaries, successors, assigns, heirsparents, subsidiaries, affiliates, predecessors, employees, agents, heirs and executors, as applicable (collectively, the “Lender Releasors”), severally with each other legal representativesLender, hereby absolutelyreleases, unconditionally remises, acquits and irrevocably covenants forever discharges the Released Parties, of and from any and all manner of Claims of every name and nature, whether asserted or unasserted, known or unknown, suspected or unsuspected, in favor of each Releasee that it will not sue (at law, law or in equity, that exist or have occurred or accrued on or prior to the date of this Amendment arising out of or relating to this Amendment or the Company Releasors or any other Loan Document or the transaction related thereto, which the Lender Releasors ever had or now have against any of the Released Parties, including any presently existing claim whether or not presently known, suspected, contemplated or anticipated, in any regulatory proceeding each case except for claims that are determined by a court of competent jurisdiction in a final judgment not subject to appeal to have arisen out of or otherwise) any Releasee resulted from fraud on the basis part of any Claim releasedsuch Released Party. Each Lender Releasor acknowledges that it has been advised to consult with legal counsel and is familiar with the provisions of California Civil Code Section 1542, waiveda statute that otherwise prohibits the release of unknown claims, relinquishedwhich provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, remised and discharged pursuant to this Section. If any Loan Party or any WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each Lender Releasor, being aware of its Subsidiariessaid code section, successors, assigns, heirs or other legal representatives violates the foregoing covenant, each Loan Party agrees to payexpressly waive any rights it may have thereunder, on a joint and several basis, in addition to such as well as under any other damages as any Releasee may sustain as a result statute or common law principles of such violation, all attorneys’ fees and costs reasonably incurred by any Releasee as a result of such violationsimilar effect. (b) Each Loan Party and each Lender Releasor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each Loan Party and each Lender Releasor agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered will affect in any manner the final, absolute and unconditional nature of the release set forth above. (d) Each Company Releasor hereby absolutely, unconditionally and irrevocably covenants and agrees with and in favor of each Released Party that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Released Party on the basis of any Claim released, remised and discharged by any Company Releasor pursuant to and subject to the terms of Section 11(a) above. If any Company Releasor violates the foregoing covenant, each Loan Party, for itself and its successors and assigns, and its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, directors, officers, attorneys, employees, agents, legal representatives and other representatives, agrees to pay, in addition to such other damages as any Released Party may sustain as a result of such violation, all reasonable and documented attorneys' fees and costs incurred by any Released Party as a result of such violation. Each Lender Releasor hereby absolutely, unconditionally and irrevocably covenants and agrees with and in favor of each Released Party that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Released Party on the basis of any Claim released, remised and discharged by any Lender Releasor pursuant to and subject to the terms of Section 11(a) above. If any Lender Releasor violates the foregoing covenant, such Lender Releasor, for itself and its successors and assigns, and its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, directors, officers, attorneys, employees, agents, legal representatives and other representatives, agrees to pay, in addition to such other damages as any Released Party may sustain as a result of such violation, all reasonable and documented attorneys' fees and costs incurred by any Released Party as a result of such violation.