Common use of Release of Lender Liability Clause in Contracts

Release of Lender Liability. The Borrower, for itself and on behalf of its affiliated entities, successors, assigns and legal representatives (the "BORROWER PARTIES"), jointly and severally releases, acquits and forever discharges the Administrative Agent, the Collateral Agent and each Lender (collectively, the "LENDER PARTIES"), and their respective subsidiaries, parents, affiliates, officers, directors, employees, agents, attorneys, successors and assigns, both present and former (collectively, the "LENDERS' AFFILIATES") from any and all manner of actions, causes of action, suits, debts, controversies, damages, judgments, executions, claims and demands whatsoever, asserted or unasserted, in contract, tort, law or equity which the Borrower or any other Borrower Party has or may have against any of the Lender Parties and/or the Lenders' Affiliates by reason of any action, failure to act, matter or thing whatsoever arising from or based on facts occurring prior to the date hereof, including but not limited to any claim or defense that relates to, in whole or in part, directly or indirectly, (i) the making or administration of the Loans, including without limitation, any such claims and defenses based on fraud, mistake, duress, usury or 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) any actions or omissions of any of the Lender Parties and/or the Lenders' Affiliates in connections 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 other administrative fees or (viii) damages to business reputation.

Release of Lender Liability. The Borrower(a) In consideration of, among other things, the extension of forbearance provided for itself herein, each of the Borrower and each Guarantor, on behalf of itself and its affiliated entities, successors, subsidiaries and its and their successors and assigns and legal representatives (the "BORROWER PARTIES"“Company Parties”), jointly and severally releases, acquits and forever discharges the Administrative Agent, the Collateral Agent Issuing Bank, the Swing Line Bank and each Lender (collectively, the "LENDER PARTIES"“Lender Parties”), and their respective subsidiaries, parents, affiliates, officers, directors, employees, agents, attorneys, partners, successors and assigns, both present and former (collectively, the "LENDERS' AFFILIATES") “Lenders’ Affiliates”), from any and all manner of actions, causes of action, suits, debts, controversies, damages, judgments, executions, claims (including, without limitation, crossclaims, counterclaims and rights of set-off and recoupment) and demands whatsoever, whether known or unknown, whether now existing or hereafter arising, whether asserted or unasserted, in contract, tort, law or equity equity, which the Borrower or any other Borrower Company Party has or may have against any of the Lender Parties and/or the Lenders' ’ Affiliates by reason of any action, failure to act, matter or thing whatsoever arising from or based on facts occurring prior to the date hereof, including but not limited to including, without limitation, any claim or defense that relates to, in whole or in part, directly or indirectly, (i) the making or administration of the LoansAdvances, including including, without limitation, any such claims and defenses based on fraud, mistake, duress, usury or 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) any actions or omissions of any of the Lender Parties and/or the Lenders' ’ Affiliates in connections 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 other administrative fees fees, or (viii) damages to business reputation. (b) In entering into this Supplement, the Borrower and the Guarantors have consulted with and been represented by counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Lender Parties or Lenders’ Affiliates and hereby acknowledge and agree that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 5 shall survive the termination of the Credit Agreement and the other Loan Documents and payment in full of all amounts owing thereunder.

Release of Lender Liability. The BorrowerGuarantor, for itself and on behalf of its affiliated entities, successors, assigns and legal representatives (the "BORROWER GUARANTOR PARTIES"), jointly and severally releases, acquits and forever discharges the Administrative Agent, the Collateral Agent and each Lender (collectively, the "LENDER PARTIES"), and their respective subsidiaries, parents, affiliates, officers, directors, employees, agents, attorneys, successors and assigns, both present and former (collectively, the "LENDERS' AFFILIATES") from any and all manner of actions, causes of action, suits, debts, controversies, damages, judgments, executions, claims and demands whatsoever, asserted or unasserted, in contract, tort, law or equity which the Borrower Guarantor or any other Borrower Guarantor Party has or may have against any of the Lender Parties and/or the Lenders' Affiliates by reason of any action, failure to act, matter or thing whatsoever arising from or based on facts occurring prior to the date hereof, including but not limited to any claim or defense that relates to, in whole or in part, directly or indirectly, (i) the making or administration of the Loans, including without limitation, any such claims and defenses based on fraud, mistake, duress, usury or 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) any actions or omissions of any of the Lender Parties and/or the Lenders' Affiliates in connections 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 other administrative fees or (viii) damages to business reputation.

Release of Lender Liability. The Borrower(a) In consideration of, among other things, the forbearance provided for itself herein, each of the Borrower and each Guarantor, on behalf of itself and its affiliated entities, successors, subsidiaries and its and their successors and assigns and legal representatives (the "BORROWER PARTIES"“Company Parties”), jointly and severally releases, acquits and forever discharges the Administrative Agent, the Collateral Agent Issuing Bank, the Swing Line Bank and each Lender (collectively, the "LENDER PARTIES"“Lender Parties”), and their respective subsidiaries, parents, affiliates, officers, directors, employees, agents, attorneys, partners, successors and assigns, both present and former (collectively, the "LENDERS' AFFILIATES") “Lenders’ Affiliates”), from any and all manner of actions, causes of action, suits, debts, controversies, damages, judgments, executions, claims (including, without limitation, crossclaims, counterclaims and rights of set-off and recoupment) and demands whatsoever, whether known or unknown, whether now existing or hereafter arising, whether asserted or unasserted, in contract, tort, law or equity equity, which the Borrower or any other Borrower Company Party has or may have against any of the Lender Parties and/or the Lenders' ’ Affiliates by reason of any action, failure to act, matter or thing whatsoever arising from or based on facts occurring prior to the date hereof, including but not limited to including, without limitation, any claim or defense that relates to, in whole or in part, directly or indirectly, (i) the making or administration of the LoansAdvances, including including, without limitation, any such claims and defenses based on fraud, mistake, duress, usury or 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) any actions or omissions of any of the Lender Parties and/or the Lenders' ’ Affiliates in connections 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 other administrative fees fees, or (viii) damages to business reputation. (b) In entering into this Agreement, the Borrower and the Guarantors have consulted with and been represented by counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Lender Parties or Lenders’ Affiliates and hereby acknowledge and agree that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this shall survive the termination of the Credit Agreement and the other Loan Documents and payment in full of all amounts owing thereunder.