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

Release; Covenant Not to Xxx; Acknowledgement. (a) Each Credit Party and its Affiliates hereby absolutely and unconditionally releases and forever discharges the Control Agent and each other Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of 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, defenses or causes of action of any kind, nature or description relating to or arising out of or in connection with or as a result of any of the Obligations, the Credit Agreement, any other Loan Documents or any agreement related to any of the foregoing, 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 date of this Agreement, whether such claims, demands, defenses, and causes of action are matured or unmatured, known or unknown, contingent, liquidated, or otherwise. It is the intention of each Credit Party and each of its Affiliates 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 and its Affiliates 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, defenses, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Credit Party and its Affiliates 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.

Appears in 3 contracts

Samples: Limited Forbearance Agreement, Limited Forbearance Agreement (Valeritas Holdings Inc.), Limited Forbearance Agreement (Valeritas Holdings Inc.)

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Release; Covenant Not to Xxx; Acknowledgement. (a) Each Credit Borrower and each other Loan Party and its Affiliates hereby absolutely and unconditionally releases and forever discharges the Control Agent Agent, each LC Facility Issuing Bank, each Issuing Bank, each Senior Tranche Issuing Bank, each Lender and each other Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, consultants, representatives and employees of any of the foregoing their respective Related Parties (each a “Released Party”), from any and all claims, demands, defenses demands or causes of action of any kind, nature or description relating to or arising out of or in connection with or as a result of any of the Obligations, the Credit Agreement, any other Loan Documents or any agreement related to any of the foregoingdescription, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which either Borrower or any Credit Party other Loan Party, as applicable, 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 date of this AgreementEffective Date, whether such claims, demands, defenses, demands and causes of action are matured or unmatured, unmatured or known or unknown, contingentin each case with respect to (i) the Credit Agreement and the other Loan Documents, liquidated(ii) the transactions contemplated thereby or any actions or omissions in connection therewith, and (iii) any aspect of the dealings or otherwise. It is the intention of relationships between or among each Credit Party Borrower and each other Loan Party, on the one hand, and any or all of its Affiliates the Released Parties, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specifiedclause (i) hereof. Each Credit Borrower and each other Loan Party and its Affiliates 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, defenses, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Credit Borrower and each other Loan Party and its Affiliates 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.

Appears in 1 contract

Samples: Credit Agreement (Hawker Beechcraft Notes Co)

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Release; Covenant Not to Xxx; Acknowledgement. (a) Each Credit Party Obligor and its Affiliates hereby absolutely and unconditionally releases release and forever discharges the Control Agent and discharge each other Lender, CRG Party and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of 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, defenses or causes of action of any kind, nature or description relating to or arising out of or in connection with or as a result of any of the Obligations, the Credit Loan Agreement, any other Loan Documents or any agreement related to any of the foregoing, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which any Credit Party Obligor 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 date of this Agreement, whether such claims, demands, defenses, and causes of action are matured or unmatured, known or unknown, contingent, liquidated, or otherwise. It is the intention of each Credit Party Obligor and each of its Affiliates 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 Obligor and its Affiliates acknowledges acknowledge 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, defenses, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Credit Party Obligor and its Affiliates understandsunderstand, acknowledges acknowledge and agrees agree 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.

Appears in 1 contract

Samples: Limited Forbearance Agreement (Synergy Pharmaceuticals, Inc.)

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