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

Release; Covenant Not to Xxx. (a) Borrower hereby absolutely and unconditionally releases and forever discharges the Agent and the Lender Group, 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 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 description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Borrower 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 Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of Borrower in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified, and in furtherance of this intention it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him might have materially affected his settlement with the debtor.” Borrower 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 agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Borrower 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. (a) Borrower As good and valuable partial consideration for this Amendment, each Loan Party hereby absolutely and unconditionally releases and forever discharges the Agent Administrative Agent, the Collateral Agent, the Payment Agent, and the Lender Groupeach Lender, and any and all participants, parent corporationsparents, subsidiary corporationssubsidiaries, affiliated corporationsaffiliates, insurers, indemnitors, successors successors, and assigns thereof, together with all of the present and former directors, officers, agents agents, attorneys, and employees of any of the foregoing (each each, a “Released Party”), from any and all claims, demands demands, or causes of action of any kind, nature nature, or description, whether arising in at law or in equity or upon contract or tort or under any state or federal law or otherwiseotherwise relating to or arising from the Term Loan Agreement or any transactions relating thereto, which Borrower the Loan Party has had, now has has, or has made claim to have against any such person Person for or by reason of any act, omission, matter, cause cause, or thing whatsoever relating to or arising from the Term Loan Agreement or any transactions relating thereto, arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and demands, or causes of action are matured or unmatured or known or unknown. It is the intention of Borrower each Loan Party in providing this release that the same shall will be effective as a bar to each and every claim, demand demand, and cause of action specified, and and, in furtherance of this intention intention, it waives and relinquishes relinquishes, to the extent permitted by applicable law, all rights and benefits under Section 1542 any provision of the Civil Code of the State of California, which provides: “A any applicable law that may provide that a general release does not extend to claims which that the creditor Person giving the release does not know or suspect to exist in his its favor at the time of executing the release, which if known by him it might have materially affected his its settlement with the debtor.” Borrower recipient of the release. Each 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 action, and agree agrees that this instrument shall be and remain effective in all respects respects, notwithstanding any such differences or additional facts. Borrower Each Loan Party understands, acknowledges acknowledges, and agrees that the release set forth above may be pleaded as a full and complete defense defense, and may be used as a basis for an injunction against any action, suit suit, or other proceeding which that may be instituted, prosecuted prosecuted, or attempted in breach of the provisions of such release.

Release; Covenant Not to Xxx. (a) The Borrower hereby absolutely and unconditionally releases and forever discharges the Agent and the Lender GroupLender, 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 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 description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which the Borrower 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 Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Borrower in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified, and in furtherance of this intention it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the releaseGENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, which if known by him might have materially affected his settlement with the debtorWHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Borrower 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 agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Borrower 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. (a) Borrower hereby absolutely and unconditionally releases and forever discharges the Agent and Agent, the Lender Group, and any and all of their respective participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents 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 description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Borrower 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 date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of Borrower in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified, and in furtherance of this intention it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaCalifornia (or any comparable provision of any other applicable law), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him might have materially affected his settlement with the debtor.” Borrower 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 agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Borrower 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. (a) Borrower Each Loan Party hereby absolutely and unconditionally releases waives, releases, remises and forever discharges the Agent and the Lender GroupLenders, and any and all of their respective participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents and employees of any of the foregoing (each a “Released Party”), from any and all claims, demands suits, investigations, proceedings, demands, obligations, liabilities, damages, losses, costs, expenses, or causes of action of any kind, nature or description, whether arising based in law law, equity, contract, tort, implied or equity express warranty, strict liability, criminal or upon contract or tort civil statute, common law, or under any state or federal law or otherwise, of any kind or character, known or unknown, past, present or future, liquidated or unliquidated, suspected or unsuspected, which Borrower such Loan Party has had, now has has, hereafter may have, 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 the world to and including the date of this AmendmentAgreement or thereafter, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of Borrower each 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, and in furtherance of this intention it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaCalifornia (or any comparable provision of any other applicable law), which provides: “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 might have materially affected his or her settlement with the debtor.” Borrower Each 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 agree agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Borrower Each 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. (a) Borrower As good and valuable partial consideration for the amendment and restatement of the Original Loan Agreement and the extension of the Additional Term Loan Amounts, each Loan Party hereby absolutely and unconditionally releases and forever discharges the Agent and Administrative Agent, the Lender GroupCollateral Agent, the Payment Agent, each Lender, the Exiting Lender, and any and all participants, parent corporationsparents, subsidiary corporationssubsidiaries, affiliated corporationsaffiliates, insurers, indemnitors, successors successors, and assigns thereof, together with all of the present and former directors, officers, agents agents, attorneys, and employees of any of the foregoing (each each, a “Released Party”), from any and all claims, demands demands, or causes of action of any kind, nature nature, or description, whether arising in at law or in equity or upon contract or tort or under any state or federal law or otherwise, which Borrower the Loan Party has had, now has has, or has made claim to have against any such person Person for or by reason of any act, omission, matter, cause cause, or thing whatsoever arising from the beginning of time to and including the date of this AmendmentClosing Date, whether such those claims, demands and demands, or causes of action are matured or unmatured or known or unknown. It is the intention of Borrower each Loan Party in providing this release that the same shall will be effective as a bar to each and every claim, demand demand, and cause of action specified, and and, in furtherance of this intention intention, it waives and relinquishes relinquishes, to the extent permitted by applicable Law, all rights and benefits under Section 1542 any provision of the Civil Code of the State of California, which provides: “A any applicable Law that may provide that a general release does not extend to claims which that the creditor Person giving the release does not know or suspect to exist in his its favor at the time of executing the release, which if known by him it might have materially affected his its settlement with the debtor.” Borrower recipient of the release. Each 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 action, and agree agrees that this instrument shall be and remain effective in all respects respects, notwithstanding any such differences or additional facts. Borrower Each Loan Party understands, acknowledges acknowledges, and agrees that the release set forth above may be pleaded as a full and complete defense defense, and may be used as a basis for an injunction against any action, suit suit, or other proceeding which that may be instituted, prosecuted prosecuted, or attempted in breach of the provisions of such release.

Release; Covenant Not to Xxx. (a) Each Borrower hereby absolutely and unconditionally releases and forever discharges the Agent and the Lender Groupeach 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 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 description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which any Borrower or its Subsidiaries 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 Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown, in each case, arising out of or related to the transactions contemplated by this Amendment, the Agreements or any other Loan Document. It is the intention of each Borrower in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified, and in furtherance of this intention it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the releaseGENERAL 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 might have materially affected his settlement with the debtorWHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each Borrower 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 agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Borrower 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. (a) Each Borrower hereby absolutely and unconditionally releases and forever discharges the Agent and the Lender GroupLender, 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 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 description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which such Borrower 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 Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Borrower in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified, and in furtherance of this intention it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the releaseGENERAL RELEASE DOES NOT EXTEND TO CLAMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, which if known by him might have materially affected his settlement with the debtorWHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Each Borrower 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 agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Borrower understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be maybe 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. (a) Each Borrower hereby absolutely and unconditionally releases and forever discharges the Agent and the Lender GroupLenders, 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 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 description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which such Borrower 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 AmendmentAgreement, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Borrower in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specifiedspecified above, and in furtherance of this intention it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the releaseGENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, which if known by him might have materially affected his settlement with the debtorWHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Each Borrower 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 agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Borrower 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. (a) Each Borrower and Guarantor hereby absolutely and unconditionally releases and forever discharges the Agent and the Lender GroupLender, 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 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 description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which any Borrower or Guarantor 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 Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Borrower and Guarantor in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified, and in furtherance of this intention it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the releaseGENERAL 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 might have materially affected his settlement with the debtorWHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each Borrower and Guarantor 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 agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Borrower and Guarantor 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. (a) The Borrower hereby absolutely and unconditionally releases and forever discharges the Agent and the Lender GroupLender, 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 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 description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which the Borrower 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 Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Borrower in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified, and in furtherance of this intention it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the releaseGERENAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, which if known by him might have materially affected his settlement with the debtorWHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” The Borrower 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 agree agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. The Borrower 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. The Borrower, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Released Party above that it will not xxx (at law, in equity, in any regulatory proceeding or otherwise) any Released Party on the basis of any claim released, remised and discharged by Borrower pursuant to the above release. If the Borrower or any of its successors, assigns or other legal representations violates the foregoing covenant, the Borrower, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Released Party may sustain as a result of such violation, all attorneys’ fees and costs incurred by such Released Party as a result of such violation.

Release; Covenant Not to Xxx. In consideration of the agreements and understandings in this Amendment, the Borrower and (aby their execution of the Consent to this Amendment) the Subsidiary Guarantors, for themselves and, to the extent that any of the following is claiming by, through, or otherwise on behalf of (including, without limitation, on any derivative basis) either the Borrower or any Subsidiary Guarantor, for their respective employees, officers, agents, executors, heirs, successors and assigns, jointly and severally, hereby absolutely and unconditionally releases and forever discharges release each of the Administrative Agent and the Lender Groupeach Lender, and any and all its employees, officers, participants, parent corporationsagents, subsidiary corporationsaffiliates, affiliated corporations, insurers, indemnitorssubsidiaries, successors and assigns thereoffrom any claim, together with all right or cause of action which now exists, in any way related to facts in existence as of the present date hereof, whether known or unknown. By way of example and former directorsnot limitation, the foregoing includes any claims in any way related to the Loan Documents and the business relationship with the Administrative Agent and the Lenders. The Borrower and the Subsidiary Guarantors hereby covenant that they will refrain from commencing any action or suit or prosecuting any action or suit, in law or in equity, against each of the Administrative Agent and each Lender, and its employees, officers, agents agents, participants, affiliates, subsidiaries, successors and employees assigns, on account of any of the foregoing (each a “Released Party”)claim, from any and all claims, demands action or causes cause of action which now exists in the Borrower's or any Subsidiary Guarantor's favor based upon facts existing as 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 Borrower 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 AmendmentAgreement. In addition to the other liability which shall accrue upon the breach of this covenant, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of Borrower in providing this release that the same breaching party shall be effective as a bar liable to the Administrative Agent and the Lenders for all reasonable attorneys' fees and costs incurred by such party in the defense of such action or suit. The Borrower and each Subsidiary Guarantor understand and every claim, demand and cause have been advised by their legal counsel of action specified, and in furtherance the provisions of this intention it waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of CaliforniaCode, which providesprovides as follows: “"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him might must have materially affected his settlement with the debtor.” " Each of the Borrower acknowledges and each Subsidiary Guarantor understands and hereby waives the provisions of Section 1542 of the California Civil Code and declares that it realizes that it may hereafter discover facts different from or in addition have damages it presently knows nothing about and that, as to those now known or believed it, such damages have been released pursuant to be true with respect to such claims, demands, or causes this Section 6.8. Each of action the Borrower and agree each Subsidiary Guarantor also declares that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Borrower understands, acknowledges and agrees it understands that the release set forth above Administrative Agent and the Lenders would not agree to enter into this Amendment if this Section 6.8 did not cover damages and their results which may not yet have manifested themselves or may be pleaded as a full and complete defense and may be used as a basis for an injunction against unknown to or not anticipated at the present by the Borrower or any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such releaseSubsidiary Guarantor.

Release; Covenant Not to Xxx. (a) Each Guarantor and each Borrower hereby absolutely and unconditionally releases and forever discharges the Agent and the Lender Groupeach 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 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 description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which such Guarantor or such Borrower 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 AmendmentAgreement, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Guarantor and each Borrower in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified, and in furtherance of this intention it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the releaseGENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, which if known by him might have materially affected his settlement with the debtorWHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Borrower 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 agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Borrower 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. (a) Each Borrower hereby absolutely and unconditionally releases and forever discharges the Agent and the Lender GroupLender, 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 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 description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which such Borrower 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 Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Borrower in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified, and in furtherance of this intention it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “A general release does not extend to claims claim’s which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him might have materially affected his settlement with the debtor.” Each Borrower 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 agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Borrower 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. (a) Each Borrower hereby absolutely and unconditionally releases and forever discharges the Agent and the Lender Group, and any and all of their respective participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents 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 description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which such Borrower 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 AmendmentAgreement, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of each Borrower in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified, and in furtherance of this intention it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaCalifornia (or any comparable provision of any other applicable law), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him might have materially affected his settlement with the debtor.” Each Borrower 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 agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Borrower 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. (a) Borrower and each Guarantor hereby absolutely and unconditionally releases and forever discharges the Agent and the Lender GroupLender, 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 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 description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Borrower or any Guarantor 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 Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of Borrower and each Guarantor in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified, and in furtherance of this intention it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the releaseGENERAL 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 might have materially affected his settlement with the debtorWHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Borrower and each Guarantor 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 agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Borrower and each Guarantor 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. (a) The Borrower hereby absolutely and unconditionally releases and forever discharges the Agent Lenders and the Lender GroupAdministrative Agent, 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 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 description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which the Borrower 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 AmendmentAgreement, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Borrower in providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified, and in furtherance of this intention it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him might have materially affected his settlement with the debtor.” The Borrower 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 agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. The Borrower 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. (a) Borrower As good and valuable partial consideration for the amendment of the Amended and Restated Loan Agreement, each Loan Party hereby absolutely and unconditionally releases and forever discharges the Agent and Administrative Agent, the Lender GroupCollateral Agent, the Payment Agent, each Lender, and any and all participants, parent corporationsparents, subsidiary corporationssubsidiaries, affiliated corporationsaffiliates, insurers, indemnitors, successors successors, and assigns thereof, together with all of the present and former directors, officers, agents agents, attorneys, and employees of any of the foregoing (each each, a “Released Party”), from any and all claims, demands demands, or causes of action of any kind, nature nature, or description, whether arising in at law or in equity or upon contract or tort or under any state or federal law or otherwise, which Borrower the Loan Party has had, now has has, or has made claim to have against any such person Person for or by reason of any act, omission, matter, cause cause, or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such those claims, demands and demands, or causes of action are matured or unmatured or known or unknown. It is the intention of Borrower each Loan Party in providing this release that the same shall will be effective as a bar to each and every claim, demand demand, and cause of action specified, and and, in furtherance of this intention intention, it waives and relinquishes relinquishes, to the extent permitted by applicable Law, all rights and benefits under Section 1542 any provision of the Civil Code of the State of California, which provides: “A any applicable Law that may provide that a general release does not extend to claims which that the creditor Person giving the release does not know or suspect to exist in his its favor at the time of executing the release, which if known by him it might have materially affected his its settlement with the debtor.” Borrower recipient of the release. Each 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 action, and agree agrees that this instrument shall be and remain effective in all respects respects, notwithstanding any such differences or additional facts. Borrower Each Loan Party understands, acknowledges acknowledges, and agrees that the release set forth above may be pleaded as a full and complete defense defense, and may be used as a basis for an injunction against any action, suit suit, or other proceeding which that may be instituted, prosecuted prosecuted, or attempted in breach of the provisions of such release.

Release; Covenant Not to Xxx. (a) Borrower Each Loan Party hereby absolutely and unconditionally releases and forever discharges the Agent and the Lender GroupLenders, and any and all of their respective participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents 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 description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Borrower such 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 date of this AmendmentAgreement, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of Borrower each 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, and in furtherance of this intention it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaCalifornia (or any comparable provision of any other applicable law), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him might have materially affected his settlement with the debtor.” Borrower Each 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 agree agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Borrower Each 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.