Release of Purchaser. Except for the obligations of Purchaser that will remain in effect so long as it is either (i) Manager of the Purchaser Assignee or (ii) is the Assignee Parent, whichever the case may be, Seller, in entering into the Assignment of Purchaser’s Interest, shall thereby release Purchaser from any obligation it has to Seller under this Agreement and acknowledge that Purchaser shall have no further liability therefore.
Release of Purchaser. Seller hereby consents and agrees to the foregoing assignment and substitution. Seller further agrees that Purchaser is hereby released and relieved of any and all obligations and liabilities arising under or with respect to the Note and agrees to look only to CNC HK for the performance thereof.
Release of Purchaser. Other than with respect to Seller’s Claims, Purchaser shall not be responsible or liable to Seller for any defects, errors or omissions, or on account of any physical conditions affecting the Property. Other than with respect to Seller’s Claims, Seller, its successors and assigns, and anyone claiming by, through or under Seller, hereby fully releases the Purchaser Indemnified Parties from, and irrevocably waives its right to maintain, any and all claims and causes of action that it or they may now have or hereafter acquire against the Purchaser Indemnified Parties with respect to any and all Losses arising from or related to any defects, errors, omissions or other physical conditions affecting the Property.
Release of Purchaser. Except for claims arising out of a breach of this Agreement, each Seller, for and on behalf of itself and its successors and assigns and any and all persons or entities claiming by, through or under it, hereby RELEASES, DISCHARGES AND ACQUITS, forever and for all purposes, Purchaser, and Purchaser's affiliated entities, including their agents, employees, officers, directors, shareholders, partners, insurers, attorneys, legal representatives, successors and assigns, from and against any and all liability, and all claims, which such Seller now has, has had or may have, and all past, present, and future actions, causes of action, claims, demands, damages, costs, expenses, compensation, and losses (and including attorneys' fees) of any kind or nature whatsoever, or however described, whether known or unknown, fixed or contingent, in law or in equity, whether asserted or unasserted, whether in tort or contract, whether now existing or accruing in the future, arising out of or related to the purchase, sale or ownership of the Units sold by such Seller and any and all claims that were alleged or that could have been alleged against Purchaser and such affiliates in the Litigation.
Release of Purchaser. Effective upon the Closing (as hereinafter defined), for the good and valuable consideration set forth in this Agreement, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and Guarantor, for itself and on behalf of its parent and subsidiary companies, affiliates, divisions, business units, successors, assigns, heirs, predecessors-in-interest, and successors-in-interest, and each of its officers, directors, employees, representatives, agents, attorneys, partners, members, managers and shareholders (collectively, the “Borrower Releasors”), hereby releases, acquits and forever discharges Purchaser and its respective affiliates, successors, assigns, predecessors-in-interest, and successors-in-interest, and each of their respective officers, directors, employees, representatives, agents, and attorneys, partners, members, managers, and shareholders (collectively, the “Purchaser Releasees”), from and against any and all causes of action, suits, debts, liens, obligations, liabilities, claims, demands, damages, judgments, losses, orders, penalties, costs and expenses including, without limitation, attorneys’ fees, of any kind or nature whatsoever, in law or in equity, whether known or unknown, suspected or unsuspected, fixed or contingent, liquidated or unliquidated, accrued or unaccrued, which any of the Borrower Releasors have, own, hold, or claim to have, own, or hold, or at any time heretofore have had, owned, held or claimed to have had, owned, or held against any of the Purchaser Releasees arising from, based upon, or related to, whether directly or indirectly, (i) the Loan; (ii) the Loan Documents; (iii) the Property; (iv) any and all other agreements, documents or instruments referenced herein or in the Loan Documents or related hereto or thereto; (v) any defenses as to the enforcement of the Loan Documents; or (vi) any theory of lender liability (collectively, the “Purchaser Released Matters”). Each of the Borrower Releasors hereby unconditionally and irrevocably agrees that it will not xxx any Purchaser Releasee on the basis of any Lender Released Matter. If any Borrower Releasor violates the foregoing covenant, each Borrower Releasor agrees, jointly and severally, to pay, in addition to such other damages as any Purchaser Releasee may sustain as a result of such violation, all reasonable and documented attorneys’ fees and costs incurred by such Purchaser Releasee as a result of such violation.
Release of Purchaser. (a) DPS, for itself and on behalf of its agents, attorneys, representatives, officers, directors, subsidiaries, affiliates, successors and assigns (individually, a "DPS Party" and collectively, the "DPS Parties"), for good and adequate consideration, the receipt whereof is hereby acknowledged, does hereby remise, release and forever discharge each of the Purchaser Parties (as hereinafter defined) of and from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckoning, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever in law or in equity (collectively, "Claims"), which against the said Purchaser Party such DPS Party ever had, now has or which it, its successors or assigns, hereafter can, shall or may have for, upon or by reasons of any matter, cause or thing whatsoever from the beginning of the world to, and including, the Closing Date (collectively, the "DPS Released Claims"); provided, however, that, notwithstanding the foregoing, neither DPS nor any other DPS Party shall be deemed hereunder to have released, waived, acquitted, withdrawn, retracted or discharged any rights under that certain Stock Purchase Agreement dated June 30, 2015, by and among DPS, CMAC Purchaser, LLC, Xxxxx X. Xxxx and Xxxxx X. Xxxxx (the "Stock Purchase Agreement").
Release of Purchaser. Each of Seller, Guarantor and Servicer on behalf of itself and its respective, heirs, executors, administrators and successors and assigns (collectively the “Releasing Parties”) hereby irrevocably remises, releases, acquits, satisfies, waives and forever discharges, to the fullest extent permitted by law, Purchaser and all of its respective past, present and future partners, officers, directors, employees, agents, attorneys, servicers, subservicers, special servicers, contractors, representatives, participants, successors, assigns, subsidiaries, affiliates, parents and predecessors in interest (collectively, the “Purchaser Parties”) from any and all manner of debts, accounts, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, claims, demands and causes of action of any nature whatsoever, whether at law or in equity, whether known or unknown, which any of Releasing Parties now have by reason of any matter, cause or thing, from the beginning of the world to but excluding the A&R Effective Time including without limitation, any and all matters arising out of or relating to (i) the Purchased Assets, including without limitation, the acquisition, ownership, funding, servicing or administration thereof, (ii) the Transactions (as defined in the Original Repurchase Agreement), (iii) the Original Repurchase Agreement and each of the other Transaction Documents (as defined in the Original Repurchase Agreement), and (iv) any other agreement or transaction between any of Releasing Parties and any of Purchaser Parties concerning matters arising out of or relating to the items set forth in subsections (i) through (iii) above.
Release of Purchaser. Effective upon the Effective Date, each Seller, on its own behalf and on behalf of its partners, directors, shareholders, trustees, parents, subsidiaries, insurers, affiliates, owners, predecessors, successors, assigns, and any person (natural, an entity, or otherwise) claiming, by, through, or under such Seller, does hereby fully and forever release, discharge, hold harmless, and acquit Purchaser, together with its past, present, and future officers, directors, shareholders, members, owners, employees, agents, representatives of any kind, affiliates, partners, joint venturers, parents, subsidiaries, predecessors, successors, assigns, affiliates, related entities, attorneys, accountants, and insurers from any Gastar Prospect Claim that such Seller has or had as of the Effective Date or could have in the future relating to any events that occurred prior to the Effective Date. For the avoidance of doubt, this release only applies to the Assets, and does not bar any action to enforce this Agreement.
Release of Purchaser. Seller, for good and valuable consideration, receipt of which is hereby acknowledged, hereby releases and discharges Purchaser and Xxxx X. Icahn (collectively, the "Purchaser Releasees") and their respective heirs, executors, administrators, successors and assigns from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialities, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, known or unknown, which Seller or Seller's successors and assigns ever had, now have or hereafter can, shall or may have against any of the Purchaser Releasees for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to the date of this Agreement other than for a breach of this Agreement.
Release of Purchaser. Company does hereby release, acquit and forever discharge the Purchaser Parties from any and all Claims that Company had, or now has, against such parties, for or by reason of any matter, cause or thing whatsoever occurring on or prior to the date hereof. Company agrees not to commence, join in or prosecute any suit or other proceeding in a position which is adverse to any Purchaser Party arising directly or indirectly from any matter released herein. Company represents and warrants that Company has not purported to transfer, assign or otherwise convey any interest in any matter released herein to any other person or entity and that Company's execution hereof does not require the consent of or notice to any third party. Company agrees to indemnify, defend (with counsel satisfactory to Purchaser) and hold the Purchaser. Parties,-harmless against any and all loss, liability, claim or expense, including attorneys' fees, that the Purchaser Parties might incur as a result of any breach of this Agreement by Company or the assertion of any claim or defense by Company that should not have been raised by virtue of this Agreement.
