Release of Claims and Waiver. Xxxx hereby releases, remises, acquits and forever discharges RACER and RACER’s employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, members, affiliates, predecessors, successors and assigns, subsidiary and parent corporations, and related entities (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 in connection with this Agreement and the Loan Documents, including but not limited to, claims relating to any negotiations with respect to the Loan Documents heretofore occurring (all of the foregoing hereinafter called the “Released Matters”). Xxxx 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. Xxxx represents and warrants to RACER that it has not or purported to transfer, assign or otherwise convey any right, title or interest of Xxxx 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: Forbearance Agreement (Elio Motors, Inc.), Forbearance Agreement (Elio Motors, Inc.), Forbearance Agreement (Elio Motors, Inc.)
Release of Claims and Waiver. Xxxx The Borrowers hereby releasesrelease, remisesremise, acquits acquit and forever discharges RACER discharge the Series A Lender and RACER’s the Series A Lender's employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, members, affiliatespartners, predecessors, successors and assigns, subsidiary and corporations, parent corporations, and related entities corporate divisions (all of the foregoing hereinafter called the “"Released Parties”"), from any and all actions and causes of action, judgments, executions, suits 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 in connection with connected to this Amendment, the Loan Agreement and the Loan Documents, including but not limited to, claims relating to any settlement negotiations with respect to the Loan Documents heretofore occurring (all of the foregoing hereinafter called the “"Released Matters”). Xxxx 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. Xxxx represents and warrants to RACER that it has not or purported to transfer, assign or otherwise convey any right, title or interest of Xxxx in any Released Matter to any other Person and that the foregoing constitutes a full and complete release of all Released Matters."
Appears in 2 contracts
Samples: Series a Promissory Note (Thermoview Industries Inc), Series a Promissory Note (Thermoview Industries Inc)
Release of Claims and Waiver. Xxxx The Borrowers hereby releasesrelease, remisesremise, acquits acquit and forever discharges RACER discharge the Series B Lender and RACER’s the Series B Lender's employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, members, affiliatespartners, predecessors, successors and assigns, subsidiary and corporations, parent corporations, and related entities corporate divisions (all of the foregoing hereinafter called the “"Released Parties”"), from any and all actions and causes of action, judgments, executions, suits 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 in connection with connected to this Amendment, the Loan Agreement and the Loan Documents, including but not limited to, claims relating to any settlement negotiations with respect to the Loan Documents heretofore occurring (all of the foregoing hereinafter called the “"Released Matters”). Xxxx 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. Xxxx represents and warrants to RACER that it has not or purported to transfer, assign or otherwise convey any right, title or interest of Xxxx in any Released Matter to any other Person and that the foregoing constitutes a full and complete release of all Released Matters."
Appears in 2 contracts
Samples: Series B Promissory Note (Thermoview Industries Inc), Series B Promissory Note (Thermoview Industries Inc)
Release of Claims and Waiver. Xxxx The Company hereby releases, remises, acquits and forever discharges RACER the Bank, and RACER’s its respective employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, members, affiliatespartners, predecessors, successors and assigns, subsidiary and parent corporations, parent corporations and related entities corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits 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 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 in connection with connected to this Agreement and or any of the Loan Documents, including but not limited to, to claims relating to any settlement negotiations with respect to the Loan Documents heretofore occurring (all of the foregoing hereinafter called the “Released Matters”). Xxxx The Company 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. Xxxx The Company represents and warrants to RACER the Bank that it has not or purported to transfer, assign assign, or otherwise convey any right, title title, or interest of Xxxx it has 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: Forbearance Agreement and Second Amendment to Credit Agreement (Bioanalytical Systems Inc)
Release of Claims and Waiver. Xxxx Borrowers, hereby releasesrelease, remisesremise, acquits acquit and forever discharges RACER discharge Agent, Lenders, and RACERAgent’s and Lenders’ employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, members, affiliatespartners, predecessors, successors and assigns, subsidiary and corporations, parent corporations, and related entities corporate divisions (all of the foregoing hereinafter called the “Released Parties”), from any and all actions and causes of action, judgments, executions, suits 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 in connection with connected to this Second Amendment, the Credit Agreement and the Loan Documents, including but not limited to, claims relating to any settlement negotiations with respect to the Loan Documents heretofore occurring (all of the foregoing hereinafter called the “Released Matters”). Xxxx acknowledges Borrowers acknowledge 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. Xxxx Each Borrower represents and warrants to RACER Agent and the Lenders that it has not or purported to transfer, assign or otherwise convey any right, title or interest of Xxxx such Borrower 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