Common use of Release; No Discharge Clause in Contracts

Release; No Discharge. As additional consideration for the Agent’s and the Lenders’ entering into this Forbearance Agreement, the Borrower hereby fully and unconditionally releases and forever discharges the Agent and the Lenders, their agents, employers, directors, officers, attorneys, branches, affiliates, subsidiaries, successors and assigns and all persons, firms, corporations and organizations acting on any of their behalves (the “Released Parties”) of and from any and all claims, liabilities, demands, obligations, damages, losses, actions and causes of action whatsoever which the Borrower may now have or claim to have against the Agent or any Lender or any other Released Parties as of the date hereof, whether presently known or unknown and of any nature and extent whatsoever, including, without limitation, on account of or in any way affecting, concerning or arising out of or founded upon this Forbearance Agreement or the Loan Documents, including but not limited to all such loss or damage of any kind heretofore sustained or that may arise as a consequence of the dealings between the parties up to and including the date hereof, including but not limited to, the administration or enforcement of the Loans, the Obligations or any of the Loan Documents. The obligations of the Borrower under the Loan Documents and this Forbearance Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, discharged or in any way affected by:

Appears in 1 contract

Samples: Forbearance Agreement (Woodworkers Warehouse Inc)

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Release; No Discharge. As additional consideration for the Agent’s Administrative Agent and the Lenders’ Lenders entering into this Amendment to Forbearance Agreement, the Borrower, the Co-Borrower and the Guarantors each hereby fully and unconditionally releases and forever discharges the Administrative Agent and the Lenders, their agents, employers, directors, officers, attorneys, branches, affiliates, subsidiaries, successors and assigns and all persons, firms, corporations and organizations acting on any of their behalves (the "Released Parties") of and from any and all claims, liabilities, demands, obligations, damages, losses, actions and causes of action whatsoever which the Borrower, the Co-Borrower and the Guarantors may now have or claim to have on account of or in any way affecting, concerning or arising out of or founded upon the Forbearance Agreement, as amended hereby, or any or all of the Loan Documents against the Agent or Administrative Agent, any Lender or any other Released Parties as of the date hereof, whether presently known or unknown and of any nature and extent whatsoever, including, without limitation, on account of or in any way affecting, concerning or arising out of or founded upon this Forbearance Agreement or the Loan Documents, including but not limited to all such loss or damage of any kind heretofore sustained or that may arise as a consequence of the dealings dealings, discussions or negotiations between or among the parties up to and including the date hereof, including but not limited to, the administration or enforcement of the Forbearance Agreement, the Loans, the Obligations Notes, the Obligations, or any of the Loan Documents. The obligations of the Borrower, the Co-Borrower and the Guarantors under the Loan Documents and this the Forbearance Agreement Agreement, as amended hereby, shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, discharged or in any way affected affected, except as otherwise expressly provided by the Forbearance Agreement, as amended hereby, by:

Appears in 1 contract

Samples: Forbearance Agreement (Rent Way Inc)

Release; No Discharge. As additional consideration for the Administrative Agent’s 's and the Lenders' entering into this Forbearance Agreement, the Borrower, the Co-Borrower and the Guarantors each hereby fully and unconditionally releases release and forever discharges discharge the Administrative Agent and the Lenders, their agents, employers, directors, officers, attorneys, branches, affiliates, subsidiaries, successors and assigns and all persons, firms, corporations and organizations acting on any of their behalves (the “Released Parties”"RELEASED PARTIES") of and from any and all claims, liabilities, demands, obligations, damages, losses, actions and causes of action whatsoever which the Borrower, the Co-Borrower or any of the Guarantors may now have or claim to have against the Administrative Agent or any Lender or any other Released Parties as of the date hereof, whether presently known or unknown and of any nature and extent whatsoever, including, without limitation, on account of or in any way affecting, concerning or arising out of or founded upon this Forbearance Agreement or the Loan Documents, including but not limited to all such loss or damage of any kind heretofore sustained or that may arise as a consequence of the dealings between the parties up to and including the date hereof, including but not limited to, the administration or enforcement of the Loans, the Notes, the Obligations or any of the Loan Documents. The obligations of the Borrower Borrower, the Co-Borrowers and the Guarantors under the Loan Documents and this Forbearance Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, discharged or in any way affected by:

Appears in 1 contract

Samples: Forbearance Agreement (Rent Way Inc)

Release; No Discharge. As additional consideration for the Agent’s Administrative Agent and the Lenders’ Lenders entering into this Forbearance AgreementAmendment, the Borrower, the Co-Borrower and the Guarantors each hereby fully and unconditionally releases and forever discharges the Administrative Agent and the Lenders, their agents, employersemployees, directors, officers, attorneys, branches, affiliates, subsidiaries, successors and assigns and all persons, firms, corporations and organizations acting on any of their behalves (the "Released Parties") of and from any and all claims, liabilities, demands, obligations, damages, losses, actions and causes of action whatsoever which the Borrower, the Co-Borrower and the Guarantors may now have or claim to have on account of or in any way affecting, concerning or arising out of or founded upon this Amendment, the Credit Agreement, the Forbearance Agreement dated December 18, 2000, as amended, among the parties hereto (the "Forbearance Agreement"), or any or all of the Loan Documents against the Agent or Administrative Agent, any Lender or any other Released Parties as of the date hereof, whether presently known or unknown and of any nature and extent whatsoever, including, without limitation, on account of or in any way affecting, concerning or arising out of or founded upon this Forbearance Agreement or the Loan Documents, including but not limited to all such loss or damage of any kind heretofore sustained or that may arise as a consequence of the dealings dealings, discussions or negotiations between or among the parties up to and including the date hereof, including but not limited to, the administration or enforcement of the Credit Agreement, the Forbearance Agreement, the Loans, the Obligations Notes, the Obligations, or any of the Loan Documents. The obligations of the Borrower under the Loan Documents and this Forbearance Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, discharged or in any way affected by:.

Appears in 1 contract

Samples: Credit Agreement (Rent Way Inc)

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Release; No Discharge. As additional consideration for the AgentNoteholder’s and the Lenders’ entering into this Forbearance AgreementFifth Amendment, the Borrower Company hereby fully and unconditionally releases and forever discharges the Agent and the LendersNoteholder, their its agents, employers, trustees, directors, officers, attorneys, branchesauditors, financial advisors, affiliates, subsidiaries, predecessors as holders of the Notes, successors and assigns and all persons, firms, corporations and organizations acting on any of their behalves its behalf (the “Released Parties”) of and from any and all claims, liabilities, demands, obligations, damages, losses, actions and causes of action whatsoever which the Borrower Company may now have or claim to have against the Agent or any Lender Noteholder or any other Released Parties as of the date hereofParties, whether presently known or unknown and of any nature and extent whatsoever, including, without limitation, on account of or in any way affecting, concerning or arising out of or founded upon this Forbearance Agreement Fifth Amendment or the Loan Note Documents, including but not limited to all such loss or damage of any kind heretofore sustained or that may arise as a consequence of the dealings between the parties up to and including the date hereof, including but not limited to, the administration or enforcement of the LoansNotes, the Obligations Note Purchase Agreements or any of the Loan other Note Documents. The obligations of the Borrower Company under the Loan Note Documents and this Forbearance Agreement Fifth Amendment shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, discharged or in any way affected by:

Appears in 1 contract

Samples: Note Purchase Agreements (Flow International Corp)

Release; No Discharge. As additional consideration for the Administrative Agent’s 's and the Lenders’ Banks' entering into this Forbearance AgreementAmendment, the Borrower and the Guarantors each hereby fully and unconditionally releases release and forever discharges discharge the Administrative Agent and the LendersBanks, their agents, employers, directors, officers, attorneys, branches, affiliates, subsidiaries, successors successors, and assigns and all persons, firms, corporations corporations, and organizations acting on any of their behalves (the “Released Parties”"RELEASED PARTIES") of and from any and all claims, liabilities, demands, obligations, damages, losses, actions actions, and causes of action whatsoever which the Borrower or any of the Guarantors may now have or claim to have against the Administrative Agent or any Lender Bank or any other Released Parties as of the date hereof, whether presently known or unknown and of any nature and extent whatsoever, including, without limitation, on account of or in any way affecting, concerning or arising out of or founded upon this Forbearance Agreement Amendment or the other Loan Documents, including but not limited to all such loss or damage of any kind heretofore sustained or that may arise as a consequence of the dealings between the parties up to and including the date hereof, including but not limited to, the administration or enforcement of the Loans, the Obligations Notes, the Obligations, this Amendment, the Credit Agreement, or any of the other Loan Documents. The obligations of the Borrower and the Guarantors under the Loan Documents and this Forbearance Agreement Amendment shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, discharged discharged, or in any way affected byby any one or more:

Appears in 1 contract

Samples: Credit Agreement (Big Lots Inc)

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