Common use of Release of Bank Clause in Contracts

Release of Bank. Effective upon the execution of this Agreement by the Borrower, and in consideration of the Bank’s agreement to enter into this Agreement, to the extent that the Borrower may have any off-sets, defenses or claims against the Bank or its subsidiaries, affiliates, parents, officers, directors, employees, agents, attorneys, predecessors, successors and assigns, both present and former (collectively, the “Lender Affiliates”), the Borrower and its, subsidiaries, affiliates, officers, directors, heirs, successors, assigns, and executors, (collectively, the “Borrower Parties”), release, acquit and forever discharge the Lender Affiliates of and from any and all manners of action and actions, cause and causes of action, suits, debts, controversies, damages, judgments, executions, claims and demands whatsoever asserted or unasserted, in contract, tort, law or in equity which the Borrower Parties ever had or now have upon or against the Bank or any of them or the Lender Affiliates by reason of any matter, cause, causes or thing whatsoever existing on the Effective Date including, without limitation, any presently existing claim or defense whether or not presently suspected, contemplated or anticipated and including but not limited to any claim that relates to, in whole or in part, directly or indirectly (i) the making or administration of the loans evidenced by the Loan Documents, including, without limitation, such claims and defenses based on fraud, mistake duress, usury, misrepresentation, or any other claim based on so-called “lender liability theories”; (ii) any covenants, agreements, duties, or obligations set forth in the Loan Documents; (iii) the actions or omissions of the Bank and/or the Lender Affiliates in connection with the initiation or continuing exercise of any right or remedy contained in the Loan Documents or at law or in equity, (iv) lost profits; (v) loss of business opportunity; (vi) increased financing costs; (vii) increased legal or administrative fees; or (viii) damages to business reputation.

Release of Bank. Effective upon the execution of this Agreement by the Borrower, and in In consideration of the Bank’s agreement to enter into agreements and of Bank set forth in this Agreement, to Borrower and Guarantor, and all of their respective heirs, personal representatives, predecessors, successors and assigns (individually and collectively, the extent that "Releasors"), hereby fully release, remise, and forever discharge Bank, the Borrower may have any off-setsparent of Bank and all other affiliates and predecessors of Bank, defenses or claims against the Bank or its subsidiaries, affiliates, parents, and all past and present officers, directors, agents, employees, agentsservants, attorneyspartners, shareholders, attorneys and managers of Bank, the parent of Bank, and all other affiliates, and predecessors of Bank and all of their respective heirs, personal representatives, predecessors, successors and assigns, both present and former (collectivelyfor, the “Lender Affiliates”), the Borrower and its, subsidiaries, affiliates, officers, directors, heirs, successors, assignsfrom, and executors, (collectively, the “Borrower Parties”), release, acquit and forever discharge the Lender Affiliates of and from against any and all manners of action and actionsclaims, cause and liens, demands, causes of action, suits, debts, controversies, damagesoffsets, judgmentsobligations, executionslosses, claims damages and demands whatsoever liabilities of every kind and character whatsoever, including, without limitation, any action, omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, that the Releasors, or any one of more of them, has had in the past, or now has, whether known or unknown, whether asserted or unasserted, in contract, tort, law or in equity which the Borrower Parties ever had or now have upon or against the Bank or any of them or the Lender Affiliates by reason of any matter, cause, causes cause or thing whatsoever existing on the Effective Date includingset forth in, without limitationrelating to or arising out of, any presently existing claim or defense whether or not presently suspected, contemplated or anticipated and including but not limited to any claim that relates to, in whole or in partany way connected with or resulting form, directly the Loan or indirectly (i) the making or administration of the loans evidenced by the Loan Documents, including, without limitation, such claims and defenses based on fraud, mistake duress, usury, misrepresentation, or any other claim based on so-called “lender liability theories”; (ii) any covenants, agreements, duties, or obligations set forth in the Loan Documents; (iii) the actions or omissions . This Agreement is executed as of the date stated at the top of the first page. MOBILITY ELECTRONICS, INC., f/k/a Electronics Accessory Specialists International, Inc., a Delaware corporation X /s/ KURT X. XXXXXXX X /s/ RICHXXX X. XXXXXXXXX ------------------------------------------- -------------------------------------------- By: Kurt X. Xxxxxxx By: RICHXXX X. XXXXXXXXX Xxxle: Vice President Title: VICE PRESIDENT & CFO Address where notices to the Bank and/or are to be sent: Address where notices to the Lender Affiliates in connection with the initiation or continuing exercise of any right or remedy contained in the Loan Documents or at law or in equity, (iv) lost profits; (v) loss of business opportunity; (vi) increased financing costs; (vii) increased legal or administrative fees; or (viii) damages Borrower are to business reputation.be sent:

Release of Bank. Effective upon the execution of this Forbearance Agreement by the BorrowerBorrowers, and in consideration of the Bank’s 's agreement to enter into this Forbearance Agreement, to the extent that the Borrower Borrowers or either of them may have any off-sets, defenses or claims against the Bank or Bank, its subsidiaries, affiliates, parents, officers, directors, employees, agents, attorneys, predecessors, successors and assigns, both present and former (collectively, the “"Lender Affiliates”"), the Borrower Borrowers and itstheir partners, subsidiaries, affiliates, parents, officers, directors, employees, agents, attorneys, heirs, successors, assigns, and executors, ; (collectively, the “Borrower "Obligor Parties”"), jointly and severally, release, waive, acquit and forever discharge the Lender Affiliates of and from any and all manners of action and actions, cause and causes of action, suits, debts, controversies, damages, judgments, executions, claims and demands whatsoever asserted or unasserted, in contract, tort, law or in equity which the Borrower Obligor Parties ever had or now have upon or against the Bank or any of them or the Lender Affiliates by reason of any matter, cause, causes or thing whatsoever existing on the Effective Date including, without limitation, any presently existing claim or defense whether or not presently suspected, contemplated or anticipated and including but not limited to any claim that relates to, in whole or in part, directly or indirectly (i) the making or administration of the loans evidenced by the Loan Documents, including, without limitation, such claims and defenses based on fraud, mistake mistake, duress, usury,  Client Files/21878/0162/0253424l.DOCX, 4 misrepresentation, or any other claim based on so-called “"lender liability theories”"; (ii) any covenants, agreements, duties, or obligations set forth in the Loan Documents; (iii) the actions or omissions of any of the Bank and/or the Lender Affiliates in connection with the initiation or continuing exercise of any right or remedy contained in the Loan Documents or at law or in equity, ; (iv) lost profits; (v) loss of business opportunity; (vi) increased financing costs; (vii) increased legal or administrative feesfiles; or (viii) damages to business reputation.

Release of Bank. Effective upon the execution of this Agreement by --------------- the BorrowerObligor, and in consideration of the Bank’s 's agreement to enter into this Agreement, to the extent that the Borrower Obligor may have any off-setsoffsets, defenses or claims against in relation to any of its obligations to the Bank, the Obligor and its partners, subsidiaries, affiliates, parents, officers, directors, employees, agents, attorneys, heirs, successors, assigns, and executors (collectively, the "Obligor Parties"), jointly and severally, release, acquit and forever discharge the Bank or and its subsidiaries, affiliates, parents, officers, directors, employees, agents, attorneys, predecessors, successors and assigns, both present and former (collectively, the “"Lender Affiliates”), the Borrower and its, subsidiaries, affiliates, officers, directors, heirs, successors, assigns, and executors, (collectively, the “Borrower Parties”), release, acquit and forever discharge the Lender Affiliates ") of and from any and all manners of action and actions, cause and causes of action, suits, debts, controversies, damages, judgments, executions, claims and demands whatsoever asserted or unasserted, in contract, tort, law or in equity which the Borrower Obligor Parties ever had or now have have, from the beginning of time until the Effective Date, upon or against the Bank or any of them or the Lender Affiliates by reason of any matter, cause, cause causes or thing whatsoever existing on the Effective Date whatsoever, including, without limitation, any presently existing claim or defense whether or not presently suspected, contemplated or anticipated and including but not limited to any claim that relates to, in whole or in part, directly or indirectly (i) the making or administration of the loans evidenced by the Loan Documents, including, without limitation, such claims and defenses based on fraud, mistake mistake, duress, usury, misrepresentation, or any other claim based on so-called “"lender liability theories”"; (ii) any covenants, agreements, duties, or obligations set forth in the Loan Documents; (iii) the actions or omissions of any of the Bank and/or the Lender Affiliates in connection with the initiation or continuing exercise of any right or remedy contained in the Loan Documents or at law or in equity, ; (iv) lost profits; (v) loss of business opportunity; (vi) increased financing costs; (vii) increased legal or administrative fees; or (viii) damages to business reputation.

Release of Bank. Effective upon the execution of this Agreement by the Borrower, and in consideration of the Bank’s agreement to enter into this Agreement, to To the extent that the Borrower any Obligor may have any off-setsoffsets, defenses or claims against the Bank claims, each Obligor and each of its, his or its her successors, assigns, parents, subsidiaries, affiliates, predecessors, employees, agents, heirs, executors, as applicable, both present and former (collectively, "Obligor Parties"), jointly and severally, releases, acquits and forever discharges Bank, Bank's subsidiaries, affiliates, parents, officers, directors, employees, agents, attorneys, predecessors, successors and assigns, both present and former (collectively, the “Lender with Bank, "Bank Affiliates”), the Borrower and its, subsidiaries, affiliates, officers, directors, heirs, successors, assigns, and executors, (collectively, the “Borrower Parties”), release, acquit and forever discharge the Lender Affiliates ") of and from any and all manners manner of action and actions, cause and causes of action, suits, debts, controversies, damages, judgments, executions, claims and demands whatsoever whatsoever, asserted or unasserted, in contract, tort, law or in equity against Bank and/or Bank Affiliates which the Borrower Obligor Parties (or any of them) ever had, now has or which Obligor Parties ever had or now have has upon or against the Bank or any of them or the Lender Affiliates by reason of any matter, cause, causes or thing whatsoever existing on the Effective Date whatsoever, including, without limitation, any presently existing claim or defense whether or not presently suspected, contemplated or anticipated and including but not limited to any claim that relates to, in whole or in part, directly or indirectly (i) the making or administration of the loans evidenced by credit facilities described in the Loan DocumentsDocument or the transactions described in this Agreement, including, without limitation, such claims and defenses based on fraud, mistake mistake, duress, usury, misrepresentation, or any other claim based on so-called “"lender liability theories”"; (ii) any covenants, agreements, duties, or obligations set forth in the Loan Documents; (iii) the actions or omissions of the any of Bank and/or the Lender Affiliates Bank Affiliate in connection with the initiation or continuing exercise of any right or remedy contained in the Loan Documents or at law or in equity, ; (iv) lost profits; (v) loss of business opportunity; (vi) increased financing costs; (viivi) increased legal or other administrative fees; or (viii) damages to business reputation.