Common use of Release; Covenant Not to Xxx; Acknowledgement Clause in Contracts

Release; Covenant Not to Xxx; Acknowledgement. (i) Each Credit Party hereby absolutely and unconditionally releases and forever discharges each Agent and each Lender and each of their respective Related Parties (each a “Released Party”) from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which any Credit Party has had, now has or has made claim to have against any such Person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the Effective Date arising out of or in connection with the Obligations, the Credit Agreement, this Seventh Amendment or any other Transaction Document and/or the transactions contemplated hereby or thereby, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Credit Party in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified. Each Credit Party acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Credit Party understands, 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, prosecuted or attempted in breach of the provisions of such release.

Release; Covenant Not to Xxx; Acknowledgement. (ia) Each Credit Loan Party hereby absolutely and unconditionally releases and forever discharges each Agent and Administrative Agent, each L/C Issuer, each Swing Line Lender, each Lender and each of their respective Related Parties (each a “Released Party”) from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which any Credit Loan Party has had, now has or has made claim to have against any such Person for or by reason of any act, omission, matter, cause or thing whatsoever arising out of or with respect to the Obligations, the Credit Agreement, this Consent or any other Loan Document from the beginning of time to and including the Effective Date arising out of or in connection with the Obligations, the Credit Agreement, this Seventh Amendment or any other Transaction Document and/or the transactions contemplated hereby or therebyDate, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Credit Loan Party in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified. Each Credit Loan Party acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Credit Loan Party understands, 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, prosecuted or attempted in breach of the provisions of such release. Nothing in this Section 6.2 shall relieve any Administrative Agent or Lender of any continuing contractual obligations under this Amendment.

Release; Covenant Not to Xxx; Acknowledgement. (i) 6.1 Each Credit Loan Party hereby absolutely and unconditionally releases and forever discharges the Administrative Agent, each Agent and L/C Issuer, each Lender and each of their respective Related Parties Persons (each a “Released Party”) ), from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which any Credit Loan Party has had, now has or has made claim to have against any such Person person for or by reason of any act, omission, matter, cause or thing whatsoever in connection with the Credit Agreement arising from the beginning of time to and including the Second Amendment Effective Date arising out of or in connection with the Obligations, the Credit Agreement, this Seventh Amendment or any other Transaction Document and/or the transactions contemplated hereby or therebyDate, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Credit Loan Party in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specifiedspecified in the immediately preceding sentence. Each Credit Loan Party acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agrees agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Credit Loan Party understands, 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, prosecuted or attempted in breach of the provisions of such release.

Release; Covenant Not to Xxx; Acknowledgement. (ia) Each Credit Loan Party hereby absolutely and unconditionally releases and forever discharges each Agent and Administrative Agent, each L/C Issuer, each Swing Line Lender, each Lender and each of their respective Related Parties (each a “Released Party”) from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which any Credit Loan Party has had, now has or has made claim to have against any such Person for or by reason of any act, omission, matter, cause or thing whatsoever arising out of or with respect to the Obligations, the Credit Agreement, this Amendment or any other Loan Document from the beginning of time to and including the Effective Date arising out of or in connection with the Obligations, the Credit Agreement, this Seventh Amendment or any other Transaction Document and/or the transactions contemplated hereby or therebyDate, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Credit Loan Party in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified. Each Credit Loan Party acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Credit Loan Party understands, 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, prosecuted or attempted in breach of the provisions of such release. Nothing in this Section 7.2 shall relieve any Administrative Agent or Lender of any continuing contractual obligations under this Amendment.

Release; Covenant Not to Xxx; Acknowledgement. (ia) Each Credit Loan Party hereby absolutely and unconditionally releases and forever discharges each Agent and Administrative Agent, each L/C Issuer, each Swing Line Lender, each Lender and each of their respective Related Parties (each a “Released Party”) from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which any Credit Loan Party has had, now has or has made claim to have against any such Person for or by reason of any act, omission, matter, cause or thing whatsoever arising out of or with respect to the Obligations, the Credit Agreement, this Amendment or any other Loan Document from the beginning of time to and including the Effective Date arising out of or in connection with the Obligations, the Credit Agreement, this Seventh Amendment or any other Transaction Document and/or the transactions contemplated hereby or therebyDate, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Credit Loan Party in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified. Each Credit Loan Party acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Credit Loan Party understands, 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, prosecuted or attempted in breach of the provisions of such release. Nothing in this Section 5.2 shall relieve any Administrative Agent or Lender of any continuing contractual obligations under this Amendment.

Release; Covenant Not to Xxx; Acknowledgement. (i) Each Credit Party hereby absolutely and unconditionally releases and forever discharges each Agent and each Lender and each of their respective Related Parties (each a “Released Party”) from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which any Credit Party has had, now has or has made claim to have against any such Person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the Eighth Amendment Effective Date arising out of or in connection with the Obligations, the Credit Agreement, this Seventh Eighth Amendment or any other Transaction Document and/or the transactions contemplated hereby or thereby, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Credit Party in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified. Each Credit Party acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Credit Party understands, 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, prosecuted or attempted in breach of the provisions of such release.

Release; Covenant Not to Xxx; Acknowledgement. (ia) Each Credit Loan Party hereby absolutely and unconditionally releases and forever discharges each Agent and the Administrative Agent, the L/C Issuer, the Swing Line Lender, each Lender and each of their respective Related Parties (each a “Released Party”) from any and all claims, demands or causes of action of any kind, nature or 9 description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which any Credit Loan Party has had, now has or has made claim to have against any such Person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the Effective Date arising out of or in connection with the Obligations, the Credit Agreement, this Seventh Amendment or any other Transaction Loan Document and/or the transactions contemplated hereby or thereby, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Credit Loan Party in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified. Each Credit Loan Party acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Credit Loan Party understands, 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, prosecuted or attempted in breach of the provisions of such release.

Release; Covenant Not to Xxx; Acknowledgement. (ia) Each Credit Loan Party hereby absolutely and unconditionally releases and forever discharges each Agent and the Administrative Agent, the L/C Issuer, the Swing Line Lender, each Lender and each of their respective Related Parties (each a “Released Party”) from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which any Credit Loan Party has had, now has or has made claim to have against any such Person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the Effective Date arising out of or in connection with the Obligations, the Credit Agreement, this Seventh Amendment or any other Transaction Loan Document and/or the transactions contemplated hereby or thereby, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Credit Loan Party in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified. Each Credit Loan Party acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Credit Loan Party understands, 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, prosecuted or attempted in breach of the provisions of such release.

Release; Covenant Not to Xxx; Acknowledgement. (ia) Each Credit Loan Party hereby absolutely and unconditionally releases and forever discharges each Agent and Administrative Agent, each L/C Issuer, each Swing Line Lender, each Lender and each of their respective Related Parties (each a “Released Party”) from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which any Credit Loan Party has had, now has or has made claim to have against any such Person for or by reason of any act, omission, matter, cause or thing whatsoever arising out of or with respect to the Obligations, the Credit Agreement, this Agreement or any other Loan Document from the beginning of time to and including the Effective Date arising out of or in connection with the Obligations, the Credit Agreement, this Seventh Amendment or any other Transaction Document and/or the transactions contemplated hereby or therebyDate, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Credit Loan Party in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified. Each Credit Loan Party acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Credit Loan Party understands, 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, prosecuted or attempted in breach of the provisions of such release. Nothing in this Section 5.2 shall relieve any Administrative Agent or Lender of any continuing contractual obligations under this Agreement.

Release; Covenant Not to Xxx; Acknowledgement. (ia) Each Credit Party The Borrower, each Guarantor and the Shareholder (collectively, the “Releasing Parties”) each hereby absolutely and unconditionally releases and forever discharges each Agent the Administrative Agent, the L/C Issuer and each Lender Lender, and each any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of their respective Related Parties the present and former directors, officers, agents, attorneys, consultants, representatives and employees of any of the foregoing (each a “Released Party”) ), from any and all claims, demands or causes of action of any kind, nature or descriptiondescription relating to or arising out of or in connection with or as a result of any of the Obligations, the Credit Agreement, this Letter Agreement, any other Loan Documents, and the negotiation and execution of the Credit Agreement and this Letter Agreement, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which any Credit each Releasing Party has had, now has or has made claim to have against any such Person person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the Effective Date arising out date of or in connection with the Obligations, the Credit this Agreement, this Seventh Amendment or any other Transaction Document and/or the transactions contemplated hereby or thereby, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Credit Releasing Party in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified. Each Credit Releasing Party acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agrees agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Credit Releasing Party understands, 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, prosecuted or attempted in breach of the provisions of such release.