Release of Lender. Notwithstanding any other provision of any Loan Document, each Credit Party voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”), hereby fully and completely releases and forever discharges the Indemnified Parties and any other Person or Insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Parties, the “Released Parties”), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing. Each Credit Party acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to such Credit Party the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the Loans.
Appears in 6 contracts
Samples: Revolving Credit and Security Agreement (Neogenomics Inc), Revolving Credit and Security Agreement (Neogenomics Inc), Revolving Credit and Security Agreement (Neogenomics Inc)
Release of Lender. Notwithstanding any other provision of any Loan Document, each Credit Party Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”), hereby fully and completely releases and forever discharges the Indemnified Parties and any other Person or Insurer insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Parties, the “Released Parties”), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the ClosingRestatement Date. Each Credit Party Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to such Credit Party Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the LoansAdvances.
Appears in 3 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (NationsHealth, Inc.), Revolving Credit and Security Agreement (NationsHealth, Inc.), Revolving Credit and Security Agreement (NationsHealth, Inc.)
Release of Lender. Notwithstanding any other provision of any Loan Document, each Credit Party Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its it managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”), hereby fully and completely releases and forever discharges the Indemnified Parties and any other Person or Insurer insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Parties, the “Released Parties”), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing. Each Credit Party Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to such Credit Party Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the Loans.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (World Health Alternatives Inc), Revolving Credit, Term Loan and Security Agreement (Teltronics Inc)
Release of Lender. Notwithstanding any other provision of any Loan Document, each Credit Party Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”), hereby fully and completely releases and forever discharges the Indemnified Parties and any other Person or Insurer insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Parties, the “Released Parties”), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing. Each Credit Party Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to such Credit Party Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the LoansAdvances.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Occupational Health & Rehabilitation Inc)
Release of Lender. Notwithstanding any other provision of any Loan Document, each Credit Party voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”), hereby fully and completely releases and forever discharges the Indemnified Parties and any other Person or Insurer insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Parties, the “Released Parties”), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, know or unknown, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date Closing Date other than from the Indemnified Parties’ gross and willful misconduct (as determined by a court of the Closingcompetent jurisdiction in a final, non-appealable order). Each Credit Party acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to such Credit Party Borrowers the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the LoansAdvances.
Appears in 1 contract
Release of Lender. Notwithstanding any other provision of any Loan Document, each Credit Party Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”), hereby fully and completely releases and forever discharges the Indemnified Parties Persons and any other Person or Insurer which may be responsible or liable for the acts or omissions of any of the Indemnified PartiesPersons, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified PartiesPersons, the “Released Parties”), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing. Each Credit Party Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to such Credit Party Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the LoansAdvances.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Derma Sciences, Inc.)
Release of Lender. Notwithstanding any other provision of any Loan Document, each Credit Party Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “"Releasing Parties”"), hereby fully and completely releases and forever discharges the Indemnified Parties and any other Person or Insurer insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Parties, the “"Released Parties”"), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the ClosingRestatement Date. Each Credit Party Borrower acknowledges that the foregoing release is a material inducement to Lender’s 's decision to extend to such Credit Party Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the LoansAdvances.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Millstream Acquisition Corp)
Release of Lender. Notwithstanding any other provision of any Loan Document, each Credit Party Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”), hereby fully and completely releases and forever discharges the Indemnified Parties and any other Person or Insurer insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Parties, the “Released Parties”), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the ClosingClosing Date. Each Credit Party Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to such Credit Party Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the LoansAdvances.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (NationsHealth, Inc.)
Release of Lender. Notwithstanding any other provision of any Loan Document, each Credit Party Obligor voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “"Releasing Parties”"), hereby fully and completely releases and forever discharges the Indemnified Parties Persons and any other Person or Insurer which may be responsible or liable for the acts or omissions of any of the Indemnified PartiesPersons, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified PartiesPersons, the “"Released Parties”"), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing. Each Credit Party Obligor acknowledges that the foregoing release is a material inducement to Lender’s 's decision to extend to such Credit Party Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the LoansAdvances.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Sunset Brands Inc)
Release of Lender. Notwithstanding any other provision of any Loan Document, each Credit Party voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”), hereby fully and completely releases and forever discharges the Indemnified Parties and any other Person or Insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Parties, the “Released Parties”), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing. Each Credit Party acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to such Credit Party Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the LoansAdvances.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Rita Medical Systems Inc)
Release of Lender. Notwithstanding any other provision of any Loan Document, each Credit Party Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “"Releasing Parties”"), hereby fully and completely releases and forever discharges the Indemnified Parties and any other Person or Insurer insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Parties, the “"Released Parties”"), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing. Each Credit Party Borrower acknowledges that the foregoing release is a material inducement to Lender’s 's decision to extend to such Credit Party Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the LoansAdvances.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Millstream Acquisition Corp)
Release of Lender. Notwithstanding any other provision of any Loan Document, each Credit Party Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”"RELEASING PARTIES"), hereby fully and completely releases and forever discharges the Indemnified Parties and any other Person or Insurer insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Parties, the “Released Parties”"RELEASED PARTIES"), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing. Each Credit Party Borrower acknowledges that the foregoing release is a material inducement to Lender’s 's decision to extend to such Credit Party Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the Loans.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Coast Dental Services Inc)
Release of Lender. Notwithstanding any other provision of any Loan Document, each Credit Party Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”), hereby fully and completely releases and forever discharges the Indemnified Parties and any other Person or Insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Parties, the “Released Parties”), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing. Each Credit Party Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to such Credit Party Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the LoansAdvances.
Appears in 1 contract
Samples: Credit and Security Agreement (Ventures National Inc)
Release of Lender. Notwithstanding any other provision of any Loan Document, each Credit Party Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”"RELEASING PARTIES"), hereby fully and completely releases and forever discharges the Indemnified Parties and any other Person or Insurer insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Parties, the “Released Parties”"RELEASED PARTIES"), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing. Each Credit Party Borrower acknowledges that the foregoing release is a material inducement to Lender’s 's decision to extend to such Credit Party Borrower the financial accommodations hereunder and has been relied upon by Lender in agreeing to make the LoansAdvances.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Opticare Health Systems Inc)