Release of Claims and Waiver. Each of the Company and the Subsidiary Guarantors hereby releases, remises, acquits and forever discharges each of the Lenders and such Lender’s employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Waiver, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “Released Matters”). Each of the Company and the Subsidiary Guarantors acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company and the Subsidiary Guarantors represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 5 contracts
Samples: Credit Agreement (Select Comfort Corp), Waiver (Select Comfort Corp), Waiver (Select Comfort Corp)
Release of Claims and Waiver. Each of the The Company and the Subsidiary Guarantors hereby releases, remises, acquits and forever discharges each of the Lenders Bank and such Lender’s its respective employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, corporations and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this WaiverAgreement or any of the Loan Documents, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents including but not limited to claims relating to any settlement negotiations (all of the foregoing hereinafter called the “Released Matters”). Each of the The Company and the Subsidiary Guarantors acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the The Company and the Subsidiary Guarantors represents and warrants to the Lenders Bank that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors it has in any Released Matter to any other person Person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 5 contracts
Samples: Fourth Forbearance Agreement and Fifth Amendment to Credit Agreement, Fifth Forbearance Agreement and Sixth Amendment to Credit Agreement (Bioanalytical Systems Inc), Fourth Forbearance Agreement and Fifth Amendment to Credit Agreement (Bioanalytical Systems Inc)
Release of Claims and Waiver. Each of the Company and the Subsidiary Guarantors Borrower hereby releases, remises, acquits and forever discharges each Lender and the Administrative Agent and each of the Lenders and such Lender’s their employees, agents, representativesrepresentative, consultants, attorneys, fiduciaries, servants, officers, directors, partners, fiduciaries, predecessors, successors and assigns, subsidiary corporations, parent corporations, corporations and related corporate divisions (all of the foregoing hereinafter called collectively, the “Released Parties”), from any and all actions and actions, causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or or indirect, at law or in equity, of whatsoever kind whatever nature or naturekind, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of any or in any way connected to this Waiver, the Collateral, the Loans, the Credit Agreement, Agreement or the other Credit Documents (all of the foregoing hereinafter called collectively, the “Released Matters”). Each of the Company and the Subsidiary Guarantors Borrower hereby acknowledges that the agreements in this paragraph Section 4.2 are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company and the Subsidiary Guarantors Borrower hereby represents and warrants to each Lender and the Lenders Administrative Agent that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors such Borrower in any Released Matter to any other person Person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 4 contracts
Samples: Credit Agreement (Host Marriott Corp/), Credit Agreement (Host Marriott L P), Credit Agreement (Host Marriott Corp/)
Release of Claims and Waiver. Each of the Company Borrower and the Subsidiary Guarantors each Guarantor hereby releases, remises, acquits and forever discharges each Lender, the Administrative Agent and the Documentation Agent and each of the Lenders and such Lender’s their employees, agents, representativesrepresentative, consultants, attorneys, fiduciaries, servants, officers, directors, partners, fiduciaries, predecessors, successors and assigns, subsidiary corporations, parent corporations, corporations and related corporate divisions (all of collectively, the foregoing hereinafter called the “"Released Parties”"), from any and all actions and actions, causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or or indirect, at law or in equity, of whatsoever kind whatever nature or naturekind, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of any or in any way connected to this WaiverAgreement or the Loan Documents (collectively, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “"Released Matters”"). Each of the Company Borrower and the Subsidiary Guarantors each Guarantor hereby acknowledges that the agreements in this paragraph Section 8 are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company Borrower and the Subsidiary Guarantors each Guarantor hereby represents and warrants to the Lenders Administrative Agent, the Documentation Agent and each Lender that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company Borrower or the Subsidiary Guarantors any Guarantor in any Released Matter to any other person Person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 2 contracts
Samples: Forbearance Extension Agreement (Denali Inc), Forbearance Extension Agreement (Denali Inc)
Release of Claims and Waiver. Each of the Company and the Subsidiary Guarantors Borrower hereby releases, remises, acquits and forever discharges each of the Lenders Lender and such Lender’s employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this WaiverAgreement and the Loan Documents, the Collateralincluding but not limited to, the Loans, the Credit Agreement, or the other Credit Documents claims relating to any settlement negotiations (all of the foregoing hereinafter called the “Released Matters”). Each of the Company and the Subsidiary Guarantors Borrower acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company and the Subsidiary Guarantors Borrower represents and warrants to the Lenders Lender that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors Borrower in any Released Matter to any other person Person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 2 contracts
Samples: Forbearance Agreement (Atchison Casting Corp), Forbearance Agreement and Second Amendment to Master Security Agreement and Note (Atchison Casting Corp)
Release of Claims and Waiver. Each of the Company and the Subsidiary Guarantors hereby releases, remises, acquits and forever discharges each of the Lenders and such Lender’s employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this WaiverEleventh Amendment, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “Released Matters”). Each of the Company and the Subsidiary Guarantors acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company and the Subsidiary Guarantors represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 1 contract
Release of Claims and Waiver. Each of the Company Borrower and the Subsidiary Guarantors each Guarantor hereby releases, remises, acquits and forever discharges each of the Lenders Lender and such Lender’s employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Waiver, the Collateral, the LoansAgreement, the Credit Agreement, or Agreement and the other Credit Loan Documents (all of the foregoing hereinafter called the “Released Matters”). Each of the Company Borrower and the Subsidiary Guarantors each Guarantor acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company Borrower and the Subsidiary Guarantors represents and warrants to the Lenders Lender that it has not purported to transfer, assign or otherwise convey any of their respective right, title or interest of the Company or the Subsidiary Guarantors in any Released Matter to any other person Person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 1 contract
Samples: Revolving Credit Facility (Frequency Electronics Inc)
Release of Claims and Waiver. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Lenders and such Lender’s employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this WaiverTenth Amendment, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “Released Matters”). Each of the Company and the Subsidiary Guarantors each of its Subsidiaries acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 1 contract
Release of Claims and Waiver. Each of the Company Borrower and the Subsidiary Guarantors each Guarantor hereby releases, remises, acquits and forever discharges each Lender and the Administrative Agent and each of the Lenders and such Lender’s their employees, agents, representativesrepresentative, consultants, attorneys, fiduciaries, servants, officers, directors, partners, fiduciaries, predecessors, successors and assigns, subsidiary corporations, parent corporations, corporations and related corporate divisions (all of the foregoing hereinafter called collectively, the “Released Parties”), from any and all actions and actions, causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or or indirect, at law or in equity, of whatsoever kind whatever nature or naturekind, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of any or in any way connected to this Waiver, the Collateral, the Loans, the Credit Agreement, Agreement or the other Credit Loan Documents (all of the foregoing hereinafter called collectively, the “Released Matters”). Each of the Company Borrower and the Subsidiary Guarantors each Guarantor hereby acknowledges that the agreements in this paragraph Section 10 are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company Borrower and the Subsidiary Guarantors each Guarantor hereby represents and warrants to the Lenders Administrative Agent and each Lender that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company Borrower or the Subsidiary Guarantors any Guarantor in any Released Matter to any other person Person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 1 contract
Release of Claims and Waiver. Each of the Company and the Subsidiary Guarantors hereby releases, remises, acquits and forever discharges each of the Lenders and such Lender’s employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this WaiverThirteenth Amendment, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “Released Matters”). Each of the Company and the Subsidiary Guarantors acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company and the Subsidiary Guarantors represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 1 contract
Release of Claims and Waiver. Each of the Company Borrower and the Subsidiary Guarantors each Guarantor hereby releases, remises, acquits and forever discharges each Lender and the Administrative Agent and each of the Lenders and such Lender’s their employees, agents, representativesrepresentative, consultants, attorneys, fiduciaries, servants, officers, directors, partners, fiduciaries, predecessors, successors and assigns, subsidiary corporations, parent corporations, corporations and related corporate divisions (all of collectively, the foregoing hereinafter called the “Released Parties”"RELEASED PARTIES"), from any and all actions and actions, causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or or indirect, at law or in equity, of whatsoever kind whatever nature or naturekind, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of any or in any way connected to this WaiverAgreement or the Loan Documents (collectively, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “Released Matters”"RELEASED MATTERS"). Each of the Company Borrower and the Subsidiary Guarantors each Guarantor hereby acknowledges that the agreements in this paragraph Section 10 are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company Borrower and the Subsidiary Guarantors each Guarantor hereby represents and warrants to the Lenders Administrative Agent and each Lender that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company Borrower or the Subsidiary Guarantors any Guarantor in any Released Matter to any other person Person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 1 contract
Release of Claims and Waiver. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Lenders and such Lender’s 's employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “"Released Parties”"), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this WaiverSeventh Amendment, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “"Released Matters”"). Each of the Company and the Subsidiary Guarantors each of its Subsidiaries acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 1 contract
Release of Claims and Waiver. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Lenders and such Lender’s 's employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “"Released Parties”"), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this WaiverEighth Amendment, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “"Released Matters”"). Each of the Company and the Subsidiary Guarantors each of its Subsidiaries acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 1 contract
Release of Claims and Waiver. Each of the Company and the Subsidiary Guarantors hereby releases, remises, acquits and forever discharges each of the Lenders and such Lender’s employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this WaiverTwelfth Amendment, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “Released Matters”). Each of the Company and the Subsidiary Guarantors acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company and the Subsidiary Guarantors represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 1 contract
Release of Claims and Waiver. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Lenders and such Lender’s 's employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “"Released Parties”"), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this WaiverSixth Amendment, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “"Released Matters”"). Each of the Company and the Subsidiary Guarantors each of its Subsidiaries acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 1 contract
Release of Claims and Waiver. Each of the Company Borrower and the Subsidiary Guarantors each Guarantor hereby releases, remises, acquits and forever discharges each Lender, the Administrative Agent and the Documentation Agent and each of the Lenders and such Lender’s their employees, agents, representativesrepresentative, consultants, attorneys, fiduciaries, servants, officers, directors, partners, fiduciaries, predecessors, successors and assigns, subsidiary corporations, parent corporations, corporations and related corporate divisions (all of collectively, the foregoing hereinafter called the “"Released Parties”"), from any and all actions and actions, causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or or indirect, at law or in equity, of whatsoever kind whatever nature or naturekind, whether heretofore or hereafter arising, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of any or in any way connected to this WaiverAgreement or the Loan Documents (collectively, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “"Released Matters”"). Each of the Company Borrower and the Subsidiary Guarantors each Guarantor hereby acknowledges that the agreements in this paragraph Section 9 are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company Borrower and the Subsidiary Guarantors each Guarantor hereby represents and warrants to the Lenders Administrative Agent, the Documentation Agent and each Lender that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company Borrower or the Subsidiary Guarantors any Guarantor in any Released Matter to any other person Person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 1 contract
Samples: Forbearance Agreement (Denali Inc)
Release of Claims and Waiver. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Lenders and such Lender’s 's employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “"Released Parties”"), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this WaiverFifth Amendment, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “"Released Matters”"). Each of the Company and the Subsidiary Guarantors each of its Subsidiaries acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 1 contract
Release of Claims and Waiver. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Lenders and such Lender’s 's employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “"Released Parties”"), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this WaiverThird Amendment, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “"Released Matters”"). Each of the Company and the Subsidiary Guarantors each of its Subsidiaries acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 1 contract
Release of Claims and Waiver. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Lenders and such Lender’s 's employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “"Released Parties”"), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Waiver, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “"Released Matters”"). Each of the Company and the Subsidiary Guarantors each of its Subsidiaries acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 1 contract
Samples: Waiver (Select Comfort Corp)
Release of Claims and Waiver. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Lenders and such Lender’s employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this WaiverNinth Amendment, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “Released Matters”). Each of the Company and the Subsidiary Guarantors each of its Subsidiaries acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.
Appears in 1 contract
Release of Claims and Waiver. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries hereby releases, remises, acquits and forever discharges each of the Lenders and such Lender’s 's employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (all of the foregoing hereinafter called the “"Released Parties”"), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this WaiverFourth Amendment, the Collateral, the Loans, the Credit Agreement, or the other Credit Documents (all of the foregoing hereinafter called the “"Released Matters”"). Each of the Company and the Subsidiary Guarantors each of its Subsidiaries acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each of the Company and the Subsidiary Guarantors each of its Subsidiaries represents and warrants to the Lenders that it has not purported to transfer, assign or otherwise convey any right, title or interest of the Company or the Subsidiary Guarantors in any Released Matter to any other person and that the foregoing constitutes a full and complete release of all Released Matters.
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