Common use of Release of Claims and Waiver of Defenses Clause in Contracts

Release of Claims and Waiver of Defenses. In further consideration of the Holder’s execution of this Agreement, Company and the Guarantors, on behalf of themselves and their successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, agents and attorneys hereby forever, fully, unconditionally and irrevocably waive and release the Holder and its successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, attorneys and agents (collectively, the "Releasees") from any and all claims, liabilities, obligations, debts, causes of action (whether at law or in equity or otherwise), defenses, counterclaims, setoffs, of any kind, whether known or unknown, whether liquidated or unliquidated, matured or unmatured, fixed or contingent, directly or indirectly arising out of, connected with, resulting from or related to any act or omission by the Holder or any other Releasee with respect to the Debenture Documents and the Note and any Collateral, other than the Holder’s or any Releasee's willful misconduct on or before the date of this Agreement (collectively, the "Claims"). The Company and the Guarantors further agree that neither Company nor any Guarantor shall commence, institute, or prosecute any lawsuit, action or other proceeding, whether judicial, administrative or otherwise, to collect or enforce any Claim.

Release of Claims and Waiver of Defenses. In further consideration of the HolderLender’s execution of this AgreementAmendment, Company Borrower and the GuarantorsParent, on behalf of themselves and their successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, agents lenders and attorneys hereby forever, fully, unconditionally and irrevocably waive and release the Holder Lender and its successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, employees and attorneys and agents (collectively, the "“Releasees"”) from any and all claims, liabilities, obligations, debts, causes of action (whether at law or in equity or otherwise), defenses, counterclaims, setoffs, of any kind, whether known or unknown, whether liquidated or unliquidated, matured or unmatured, fixed or contingent, directly or indirectly arising out of, connected with, resulting from or related to any act or omission by the Holder any Lender or any other Releasee with respect to the Debenture Loan Documents and the Note and any Collateral, other than the HolderLender’s or any Releasee's ’s willful misconduct wrongful acts or omissions, on or before the date of this Agreement Amendment (collectively, the "“Claims"”). The Company Borrower and the Guarantors Parent further agree that neither Company nor any Guarantor Borrower and Parent shall not commence, institute, or prosecute any lawsuit, action or other proceeding, whether judicial, administrative or otherwise, to collect or enforce any Claim.

Release of Claims and Waiver of Defenses. In further consideration of the Holder’s execution of Forbearing Creditors’ entry into and performance under this Agreement, Company and the GuarantorsPREPA, on behalf of themselves itself and their its successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, agents and attorneys hereby forever, fully, unconditionally and irrevocably waive waives and release releases the Holder Forbearing Creditors and its their respective successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, attorneys and agents (collectively, the "“Releasees"”) from any and all claims, liabilities, obligations, debts, causes of action (whether at law or in equity or otherwise), defenses, counterclaims, setoffs, counterclaims and setoffs of any kind, whether known or unknown, whether liquidated or unliquidated, matured or unmatured, fixed or contingent, or otherwise, directly or indirectly arising out of, connected with, resulting from or related to any act or omission by the Holder Forbearing Creditors or any other Releasee with respect to the Debenture Documents and Trust Agreement, the Note and any CollateralBond Insurance Agreements, other than the Holder’s or any Releasee's other Transaction Documents, except to the extent that any such claims, liabilities, obligations, debts, causes of action, defenses, counterclaims and setoffs are found in a final, nonappealable judgment of a court of competent jurisdiction to have resulted from the gross negligence or willful misconduct on or before of the date Releasees. Nothing herein shall release any obligations of this Agreement (collectively, the "Claims"). The Company and Insurers under the Guarantors further agree that neither Company nor any Guarantor shall commence, institute, or prosecute any lawsuit, action or other proceeding, whether judicial, administrative or otherwise, to collect or enforce any ClaimBond Insurance Agreements.

Release of Claims and Waiver of Defenses. In further consideration of the Holder’s execution of this Agreement, Company and the GuarantorsBorrowers, on behalf of themselves and their successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, agents and attorneys hereby forever, fully, unconditionally and irrevocably waive and release the Holder and its successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, attorneys and agents (collectively, the "Releasees") from any and all claims, liabilities, obligations, debts, causes of action (whether at law or in equity or otherwise), defenses, counterclaims, setoffs, of any kind, whether known or unknown, whether liquidated or unliquidated, matured or unmatured, fixed or contingent, directly or indirectly arising out of, connected with, resulting from or related to any act or omission by the Holder or any other Releasee with respect to the Debenture Note Documents and the Senior Secured Note and any Collateral, other than the Holder’s or any Releasee's willful misconduct on or before the date of this Agreement (collectively, the "Claims"). The Company and the Guarantors Borrowers further agree that neither Company nor any Guarantor Borrower shall commence, institute, or prosecute any lawsuit, action or other proceeding, whether judicial, administrative or otherwise, to collect or enforce any Claim.

Release of Claims and Waiver of Defenses. In further consideration of the Holder’s Lenders’ execution of this Agreement, Company and the Guarantorseach Maker, on behalf of themselves itself and its successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, agents, and attorneys hereby forever, fully, unconditionally and irrevocably waives and releases the Lenders and their successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, agents and attorneys hereby foreverattorneys, fully, unconditionally and irrevocably waive and release the Holder and its successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, attorneys and agents (collectively, the "“Releasees"”) from any and all claims, liabilities, obligations, debts, causes of action (whether at law or in equity or otherwise), defenses, counterclaims, setoffs, of any kind, whether known or unknown, whether liquidated or unliquidated, matured or unmatured, fixed or contingent, directly or indirectly arising out of, connected both with, resulting from from, or related to any act or omission by the Holder any Lender or any other Releasee with respect to the Debenture Documents Transaction Documents, and the Note and with respect to any Collateralother matter whatsoever, other than the Holder’s or any Releasee's willful misconduct on or before the date of this Agreement (collectively, the "“Claims"”). The Company and the Guarantors Each Maker further agree agrees that neither Company nor any Guarantor it shall not commence, institute, or prosecute any lawsuit, action action, or other proceeding, whether judicial, administrative administrative, or otherwise, to collect or enforce any Claim.

Release of Claims and Waiver of Defenses. In further consideration of the Holder’s Xxxxxx's execution of this Agreement, Company and the Guarantors, Xxxxxxxx on behalf of themselves and their successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, agents and attorneys hereby forever, fully, unconditionally and irrevocably waive and release the Holder itself and its successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, agents, and attorneys hereby forever, fully, unconditionally and irrevocably waives and releases Lender and its successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents (collectively, the "Releasees") from any and all claims, liabilities, obligations, debts, causes of action (whether at law or in equity or otherwise), defenses, counterclaims, setoffs, of any kind, whether known or unknown, whether liquidated or unliquidated, matured or unmatured, fixed or contingent, directly or indirectly arising out of, connected with, resulting from from, or related to any act or omission by the Holder any Lender or any other Releasee with respect to the Debenture Loan Documents and the Note and any Collateral, other than the Holder’s any Lender's or any Releasee's willful misconduct acts or omissions, on or before the date of this Agreement (collectively, the "Claims"). The Company and the Guarantors Xxxxxxxx further agree agrees that neither Company nor any Guarantor Xxxxxxxx shall not commence, institute, or prosecute any lawsuit, action action, or other proceeding, whether judicial, administrative administrative, or otherwise, to collect or enforce any Claim.

Release of Claims and Waiver of Defenses. In further consideration of the Holder’s Seller's execution of this Agreement, Company and the GuarantorsBuyer Parties, on behalf of themselves and their successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, agents agents, and attorneys hereby forever, fully, unconditionally and irrevocably waive and release the Holder Seller and its successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, attorneys attorneys, and agents (collectively, the "Releasees") from any and all claims, liabilities, obligations, debts, causes of action (whether at law or in equity or otherwise), defenses, counterclaims, setoffs, of any kind, whether known or unknown, whether liquidated or unliquidated, matured or unmatured, fixed or contingent, directly or indirectly arising out of, connected with, resulting from from, or related to any act or omission by the Holder any Seller or any other Releasee with respect to the Debenture Transaction Documents and the Note and any CollateralStock Pledge, other than the Holder’s any Seller's or any Releasee's willful misconduct acts or omissions, on or before the date of this Agreement (collectively, the "Claims"). The Company and the Guarantors Buyer Parties further agree that neither Company nor any Guarantor Buyer Parties shall not commence, institute, or prosecute any lawsuit, action action, or other proceeding, whether judicial, administrative administrative, or otherwise, to collect or enforce any Claim.