Release of Claims Against Lender. In consideration of the Lender making the Revolving Loans, the Borrower and all other Obligors do each hereby release and discharge the Lender of and from any and all claims, harm, injury, and damage of any and every kind, known or unknown, legal or equitable, which any Obligor may have against the Lender from the date of their respective first contact with the Lender until the date of this Loan Agreement, including any claim arising from any reports (environmental reports, surveys, appraisals, etc.) prepared by any parties hired or recommended by the Lender. The Borrower and all other Obligors confirm to Lender that they have reviewed the effect of this release with competent legal counsel of their choice, or have been afforded the opportunity to do so, prior to execution of this Agreement and the Loan Documents and do each acknowledge and agree that the Lender is relying upon this release in extending the Revolving Loans to the Borrower.
Release of Claims Against Lender. Borrower absolutely and unconditionally releases and forever discharges Lender and any and all of its parent corporations, subsidiary corporations, affiliated corporation, insurers, indemnitors, successors and assigns, together with all of its present and former directors, officers, agents and employees 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 had made claim to have against any such party 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 cause of action are matured or unmatured or known or unknown.
Release of Claims Against Lender. In consideration of Lender making the Loans, Borrower does each hereby release and discharge Lender of and from any and all claims, harm, injury, and damage of any and every kind, known or unknown, legal or equitable, arising out of, in connection with, or as a result of (i) the execution or delivery of this Agreement, any other Loan Document or any agreement or instrument contemplated hereby or thereby (other than the Merger Agreement), the performance by the parties hereto of their respective obligations hereunder or thereunder or the consummation of the transactions contemplated hereby or thereby or (ii) any Loan or the use or proposed use of the proceeds therefrom. Borrower confirms to Lender that it has reviewed the effect of this release with competent legal counsel of its choice, or has been afforded the opportunity to do so, prior to execution of this Agreement and the Loan Documents and acknowledges and agrees that Lender is relying upon this release in extending the Loans to Borrower.
Release of Claims Against Lender. In consideration of Lender making the Loans, the Borrowers and all other Obligors do each hereby release and discharge Lender of and from any and all claims, harm, injury, and damage of any and every kind, known or unknown, legal or equitable, which any Obligor may have against Lender from the date of their respective first contact with Lender until the date of this Agreement including, but not limited to, any claim arising from (i) any reports (environmental reports, surveys, appraisals, etc.) prepared by any parties hired or recommended by Xxxxxx, and (ii) the Loans and this Agreement, including, without limitation, Xxxxxx's administration of same, and any other actions taken pursuant to the Loan Agreement or under any other documents or instruments evidencing loans made by Lender to the Borrowers, except to the extent such claims, harm, injury or damage are determined by a court of competent jurisdiction by final and non-appealable judgment to have been caused by Xxxxxx's gross negligence or willful misconduct. The Borrowers and all other Obligors confirm to Lender that they have reviewed the effect of this release with competent legal counsel of their choice, or have been afforded the opportunity to do so, prior to execution of this Agreement and the Loan Documents and do each acknowledge and agree that Lender is relying upon this release in extending the Loans to the Borrowers.
Release of Claims Against Lender. In consideration of the Lender making the Revolving Advances, the Borrower hereby releases and discharges the Lender of and from any and all claims, harm, injury, and damage of any and every kind, known or unknown, legal or equitable, which the Borrower may have against the Lender from the date of their respective first contact with the Lender until the date of this Agreement, including any claim arising from any reports (environmental reports, surveys, appraisals, etc.) prepared by any parties hired or recommended by the Lender. The Borrower confirms to Lender it has reviewed the effect of this release with competent legal counsel of its choice, or has been afforded the opportunity to do so, prior to execution of this Agreement and the Loan Documents and acknowledges and agrees that the Lender is relying upon this release in extending the Revolving Advances to the Borrower.
Release of Claims Against Lender. In consideration of the Lender issuing the Letters of Credit, the Borrower hereby releases and discharges the Lender of and from any and all claims, harm, injury, and damage of any and every kind, known or unknown, legal or equitable, which the Borrower may have against the Lender from the date of their respective first contact with the Lender until the date of this Agreement, including any claim arising from any reports (environmental reports, surveys, appraisals, etc.) prepared by any parties hired or recommended by the Lender. The Borrower confirms to Lender that they have reviewed the effect of this release with competent legal counsel of their choice, or have been afforded the opportunity to do so, prior to execution of this Agreement and the Loan Documents and do each acknowledge and agree that the Lender is relying upon this release in issuing the Letters of Credit for the account of the Borrower.
Release of Claims Against Lender. In consideration of the Lender making or continuing the Loans described in this Agreement, Debtor and the Guarantors do each waive, release and affirmatively agree not to allege or otherwise pursue any and all defenses, affirmative defenses, counterclaims, claims, causes of action, set-offs or other rights that they may have, or claim to have for any and all claims, harm, injury and damage of any and every kind, known or unknown, legal or equitable, which Debtor or any of the Guarantors have against the Lender from the date of Debtor's first contact with Lender up to the date of this Agreement. Debtor and the Guarantors confirm to Lender that they have reviewed the effect of this waiver, release and covenant not to sue with competent legal counsel of their choice, or have been affordxx the opportunity to do so, before signing this Agreement and the Security Documents and each acknowledge and agree that Lender is relying upon this release in extending or continuing the Loans to Debtor. The provisions of this Section shall survive repayment of the Note.
Release of Claims Against Lender. Each Loan Party hereby intentionally, knowingly, expressly, unconditionally and irrevocably forever releases, discharges and acquits the Lender, each of the Lender's affiliates, successors, assigns, participants or designees, and each of their respective directors, officers, employees, attorneys, agents or other representatives, from and respecting each and every Claim or Loss (as such terms are hereinafter defined) respecting, arising under or out of, or directly or indirectly related to, any event or circumstance occurring or otherwise existing prior to the date hereof, including (without limitation) any such event or circumstance pertaining to, arising under or out of, or directly or indirectly related to, the Revolving Loan Agreement, any other Loan Instrument, the Collateral, the Stock Purchase Agreement or any other Stock Purchase Document, or the creation, maintenance, administration, enforcement or adjudication thereof. "Claim" shall mean any claim, counterclaim, right of recoupment or abatement, injury, harm, exposure, action, suit, investigation, proceeding, demand or other cause of action or determination, in each case whether known or unknown and whether now or hereafter existing, arising or determined. "Loss" shall mean any loss, damage, injury, harm, detriment, decline in value, lost opportunity, liability, Claim, settlement, judgment, award, fine, penalty, Tax (as hereinafter defined), fee, charge, cost or expense (including any disbursement, expense or reasonable fee or other reasonable amount paid to any attorney or other professional advisor and any costs of investigation), in each case whether known or unknown and whether now or hereafter existing. "Tax" shall mean (i) any tax or other governmental assessment, levy or imposition of any kind or nature, including (without limitation) (A) any income tax, franchise tax, capital gains tax, gross receipts tax, capital tax, goods and services tax, value added tax, surtax, excise tax, ad valorem tax, land or other transfer tax, stamp tax, sales tax, use or consumption tax, property tax, inventory tax, occupancy tax, employment tax, labor tax, Social Security, Medicare, Medicaid, withholding tax, payroll tax, gift tax, estate tax, inheritance tax, health or drug tax or premium, or poll tax, or (B) any Social Security, Medicare, Medicaid, insurance or other retirement, health or drug tax, assessment, levy, imposition, premium or other payment mandated by Applicable Law, or (ii) any interest, fine,...
