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

Release; Covenant Not to Xxx. (a) Each Loan Party acknowledges that the Agent and the Senior Secured Parties would not enter into this Agreement without the Borrowers’ assurance that each Borrower has no claim against the Agent or any Senior Secured Parties, their respective parent corporations, Subsidiaries, Affiliates, officers, directors, shareholders, employees, attorneys, agents, professionals and servants, or any of their respective predecessors, successors, heirs and assigns (collectively, the “Lender Parties” and each, a “Lender Party”) arising out of the Financing Documents or the transactions contemplated thereby. Each Loan Party, for itself and on behalf of its officers and directors, and its respective predecessors, successors and assigns (collectively, the “Releasors”) releases each Lender Party from any known or unknown claims which any Borrower now has against any Lender Party of any nature, including any claims that any Releasor, or any Releasor’s successors, counsel and advisors may in the future discover they would have had now if they had known facts not now known to them, whether founded in contract, in tort or pursuant to any other theory of liability, arising out of or related to the Financing Documents or the transactions contemplated thereby (individually, a “Claim” and collectively, “Claims”).

Appears in 2 contracts

Samples: Second Limited Waiver and Forbearance Agreement (Pacific Ethanol, Inc.), Third Forbearance Agreement (Pacific Ethanol, Inc.)

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Release; Covenant Not to Xxx. (a) Each Loan Borrower Party acknowledges that the Agent and the Senior Secured Parties Requisite Lenders would not enter into this Agreement without the Borrowers’ such Borrower Party’s assurance that each Borrower no Loan Party has no any claim against the Agent or any Senior Secured PartiesLender, their respective parent corporations, Subsidiaries, Affiliates, officers, directors, shareholders, employees, attorneys, agents, professionals and servants, or any of their respective predecessors, successors, heirs and assigns (collectively, the “Lender Released Parties” and each, a “Lender Party”) arising out of the Financing Loan Documents or the transactions contemplated thereby. Each Loan Borrower Party, for itself and on behalf of its officers and directors, and its respective predecessors, successors and assigns (collectively, the “Releasors”) releases Agent and each Lender Released Party from any known or unknown claims which any Borrower the Company now has against any Lender Released Party of any nature, including any claims that any Releasor, or any Releasor’s successors, counsel and advisors may in the future discover they would have had now if they had known facts not now known to them, whether founded in contract, in tort or pursuant to any other theory of liability, arising out of or related to this Agreement, the Financing Loan Documents or the transactions contemplated thereby hereby or thereby, in each case, pertaining to the facts, events or circumstances existing on or prior to the date hereof (individually, a “Claim” and collectively, “Claims”).

Appears in 1 contract

Samples: Forbearance Agreement (Panolam Industries International Inc)

Release; Covenant Not to Xxx. (a) Each Loan Party of the PE Parties acknowledges that the Agent Lender and the Senior Secured Parties Xxxxx Mechanical would not enter into this Agreement without the BorrowersPE Parties’ assurance that each Borrower PE Party has no claim against the Agent Lender, Xxxxx Mechanical or any Senior Secured Parties, their respective of its parent corporations, Subsidiariessubsidiaries, Affiliatesaffiliates, officers, directors, shareholders, employees, attorneys, agents, professionals and servants, or any of their respective predecessors, successors, heirs and assigns (collectively, the “Lender Lender-Related Parties” and each, a “Lender Lender-Related Party”) arising out of the Financing Loan Documents or the transactions contemplated thereby. Each Loan Partyof the PE Parties, for itself and on behalf of its officers and directors, and its respective predecessors, successors and assigns (collectively, the “Releasors”) releases each Lender Lender-Related Party from any known or unknown claims which any Borrower PE Party now has against any Lender Lender-Related Party of any nature, including any claims that any Releasor, or any Releasor’s successors, counsel and advisors may in the future discover they would have had now if they had known facts not now known to them, whether founded in contract, in tort or pursuant to any other theory of liability, arising out of or related to the Financing Documents Loan Documents, the Xxxxx Mechanical Note or the transactions contemplated thereby (individually, a “Claim” and collectively, “Claims”).

Appears in 1 contract

Samples: Second Forbearance Agreement (Pacific Ethanol, Inc.)

Release; Covenant Not to Xxx. (a) Each Loan Party acknowledges that the Agent and the Senior Secured Parties would not enter into this Agreement without the Borrowers’ assurance that each Borrower has no claim against the Agent or any Senior Secured Parties, their respective parent corporations, Subsidiaries, Affiliates, officers, directors, shareholders, employees, attorneys, agents, professionals and servants, or any of their respective predecessors, successors, heirs and assigns (collectively, the “Lender Senior Secured Parties” and each, a “Lender Senior Secured Party”) arising out of the Financing Documents or the transactions contemplated thereby. Each Loan Party, for itself and on behalf of its officers and directors, and its respective predecessors, successors and assigns (collectively, the “Releasors”) releases each Lender Senior Secured Party from any known or unknown claims which any Borrower now has against any Lender Senior Secured Party of any nature, including any claims that any Releasor, or any Releasor’s successors, counsel and advisors may in the future discover they would have had now if they had known facts not now known to them, whether founded in contract, in tort or pursuant to any other theory of liability, arising out of or related to the Financing Documents or the transactions contemplated thereby (individually, a “Claim” and collectively, “Claims”).

Appears in 1 contract

Samples: Limited Waiver and Forbearance Agreement (Pacific Ethanol, Inc.)

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Release; Covenant Not to Xxx. (a) Each Loan Party of the PE Parties acknowledges that the Agent and the Senior Secured Parties Lender would not enter into this Agreement without the BorrowersPE Parties’ assurance that each Borrower PE Party has no claim against the Agent Lender or any Senior Secured Parties, their respective of its parent corporations, Subsidiariessubsidiaries, Affiliatesaffiliates, officers, directors, shareholders, employees, attorneys, agents, professionals and servants, or any of their respective predecessors, successors, heirs and assigns (collectively, the “Lender Lender-Related Parties” and each, a “Lender Lender-Related Party”) arising out of the Financing Loan Documents or the transactions contemplated thereby. Each Loan Partyof the PE Parties, for itself and on behalf of its officers and directors, and its respective predecessors, successors and assigns (collectively, the “Releasors”) releases each Lender Lender-Related Party from any known or unknown claims which any Borrower PE Party now has against any Lender Lender-Related Party of any nature, including any claims that any Releasor, or any Releasor’s successors, counsel and advisors may in the future discover they would have had now if they had known facts not now known to them, whether founded in contract, in tort or pursuant to any other theory of liability, arising out of or related to the Financing Loan Documents or the transactions contemplated thereby (individually, a “Claim” and collectively, “Claims”).

Appears in 1 contract

Samples: Forbearance Agreement (Pacific Ethanol, Inc.)

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