Release of Released Parties. At the applicable time pursuant to Section 5.3, each of the Released Parties shall be forever and irrevocably released and discharged from any and all present and future actions, causes of action, damages, judgments, executions, obligations, liabilities and Claims of any kind or nature whatsoever arising on or prior to the Effective Date in connection with the Senior Unsecured Notes, the Senior Unsecured Note Indenture, the Support Agreement, the Existing Shares, the Arrangement, the Arrangement Agreement, this Plan, the CBCA Proceedings, the Chapter 15 Proceedings and any other proceedings commenced with respect to or in connection with this Plan, the transactions contemplated hereunder (including, without limitation, the issuance of the New Common Shares and the New 1.5 Lien Notes and the execution of the New 1.5 Lien Note Documents and the New 1.5 Lien Term Loans Documents), and any other actions, agreements, documents or matters related directly or indirectly to the foregoing, provided that nothing in this paragraph shall release or discharge any Released Party:
(a) from or in respect of their respective obligations under this Plan, the Support Agreement, the Commitment Letter or any Order or document ancillary to any of the foregoing;
(b) from liabilities or Claims attributable to such Released Party's fraud, gross negligence or wilful misconduct, as determined by the final, non-appealable judgment of the Court; or
(c) from any and all present and future actions, causes of action, damages, judgments, executions, obligations and Claims of any kind or nature whatsoever arising or in existence on or prior to the Effective Date and relating to any such Released Party other than in respect of their respective roles as a Released Party, provided further that nothing herein shall release any Claims of the Applicants as asserted in Court File Number 1801- 07588, in the Court of Queen's Bench of Alberta, Judicial Centre of Calgary. The foregoing release shall not be construed to prohibit a party in interest from seeking to enforce the terms of this Plan or any contract or agreement entered into pursuant to, in connection with or contemplated by this Plan.
Release of Released Parties. (a) Upon the Effective Date, subject to Section 4.2 and in consideration of payment of the Settlement Amount, and for other valuable consideration set forth in the Settlement Agreement, including Asiana's commitment to provide continuing compliance with the cooperation provisions of this Settlement Agreement set forth in Section 3.1, the Releasing Parties shall be deemed to, and do hereby, release and forever discharge the Released Parties of and from any and all Released Claims. The Parties shall use their best efforts to have the terms of the release contemplated herein expressly incorporated into the Approval Orders.
(b) The Plaintiffs and Settlement Class Members acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true with respect to the subject matter of the Settlement Agreement, and that it is their intention to release fully, finally and forever all Released Claims as set out in this Section 4.1, and in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of any such additional or different facts.
(c) Each Settlement Class Member who files a claim form must execute a written release in favour of the Released Parties in respect of all Released Claims. Such written release will be contained within the body of the claim form to be filed by Settlement Class Members for compensation pursuant to the Distribution Protocol. Any receipt of funds by Settlement Class Members under this Settlement Agreement shall be conditional upon receipt of an effective written release in favour of the Released Parties in respect of all Released Claims.
Release of Released Parties. The Parties agree to the following release which shall be included in the Second Order and which shall take effect upon the date the Court’s approval of the Settlement Agreement becomes a Final Order.
(a) In exchange for the settlement benefits hereunder and for other valuable consideration set forth in the Settlement Agreement, the Plaintiff and each Class Member, including their heirs, successors and assigns, on behalf of themselves and any other legal or natural persons who may claim by, through or under them, expressly and irrevocably waives and fully, finally and forever settles and releases all claims, demands, actions, suits and causes of action against the Defendants and/or their directors, officers, employees, lawyers, insurers or agents, whether known or unknown, asserted or unasserted, that any Class Member ever had, could have had, now has or hereafter can, shall or may have, relating in any way to any conduct, act or omission which was or could have been alleged in the Action which arise from or relate to the use of shingled magnetic recording technology in the WD RED NAS Drives during the Class Period, excluding claims for personal injury that may arise from use of the WD RED NAS Drives.
(b) The Plaintiff and Class Members expressly agree that this Release and the Second Order is, will be, and may be raised as a complete defence to, and will preclude any action or proceeding encompassed by this Release.
(c) The Plaintiff and Class Members shall not now or hereafter institute, maintain, prosecute, assert and/or cooperate in the institution, commencement, filing, or prosecution of any suit, action and/or proceeding, against the Released Parties, either directly or indirectly, on their own behalf, on behalf of a class or on behalf of any other person or entity with respect to the claims, cause of action and/or any other matters released through this Settlement.
(d) In connection with the Settlement Agreement, the Plaintiff and Class Members acknowledge that they may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those that they now know or believe to be true concerning the subject matter of the Action and/or the Release herein. Nevertheless, it is the intention of the Plaintiff and Class Members in executing this Settlement Agreement fully, finally and forever to settle, release, discharge, and hold harmless all such matters, and all claims relating thereto which exist, hereafter may exist, ...
Release of Released Parties. The Manager agrees that it will not (and will cause the Servicer each Sub-Servicer, as applicable, to not), in each case in connection with applicable Servicing of the Assets (and exercise of the applicable authority granted under the Transaction Documents with respect thereto), renew, extend, renegotiate, compromise, settle or release any Note or Asset or any right of the Company with respect to the Assets, except upon payment in full thereof, unless the Borrower and all Obligors on said Note or Asset first shall release and discharge each Released Party from all claims, demands and causes of action that any such Borrower or Obligor may have against any such Released Party arising out of or resulting from any act or omission occurring prior to the date of such release.
Release of Released Parties. Upon occurrence of the Effective Date, the Releasing Parties shall be deemed to have, and by operation of the Final Order shall have, FULLY, FINALLY, AND FOREVER RELEASED, and are FOREVER BARRED from the prosecution of, any and all Released Claims against any and all of the Released Parties, except that the release shall not preclude any action or claim related to the implementation and/or enforcement of the Settlement Agreement. The Release in this Section 3.1 is in addition to the effect of the Final Order entered in accordance with this Settlement.
Release of Released Parties. At the applicable time pursuant to Section 4.3, each of the Released Parties shall be released and discharged from all present and future actions, causes of action, damages, judgments, executions, obligations, liabilities and Claims of any kind or nature whatsoever (other than liabilities or claims attributable to any Released Party’s gross negligence, fraud or wilful misconduct as determined by the final, non-appealable judgment of a court of competent jurisdiction) arising on or prior to the Effective Date in connection with the Secured Notes, the Secured Note Documents, the Interim Financing, the Interim Financing Secured Notes, the Unsecured Debentures, the Unsecured Debenture Documents, the Affected Equity, the Affected Equity Claims, the Support Agreement, this Plan, the BCBCA Proceedings, the transactions contemplated hereunder and any proceedings commenced with respect to or in connection with this Plan, and any other actions or matters related directly or indirectly to the foregoing, provided that nothing in this paragraph shall release or discharge any of the Released Parties from or in respect of its obligations under this Plan, the Support Agreement, and the Amended and Restated Secured Note Purchase Agreement.
Release of Released Parties. (a) In consideration for the right to receive the Award Amount (as defined in the Award Agreement) in accordance with the terms of the Award Agreement and the Plan, and the mutual promises contained in the Award Agreement, the Plan and in this Agreement, the Participant (on behalf of himself/herself, his/her heirs, administrators, representatives, executor and assigns) hereby releases, waives, acquits and forever discharges the Company, Reflect, their Affiliates and each of their respective predecessors, successors, parents, subsidiaries, assigns, agents, current and former directors, officers, shareholders, employees, partners, employee benefit plans, administrators, representatives, and attorneys, and all other persons acting by, through, under or in concert with the Company (collectively, the "Released Parties"), from any and all demands, rights, disputes, debts, liabilities, obligations, liens, promises, acts, agreements, charges, complaints, claims, controversies, and causes of action of any nature whatsoever, whether statutory, civil, or administrative, whether known or unknown that the Participant had in the past, now has or may have against any of the Released Parties, arising in whole or in part at any time on or prior to the execution of this Agreement, in any way related to, connected with or arising out of his or her employment or engagement by the Released Parties or the termination thereof. For the purposes of this Agreement, "Affiliates" means all persons and entities directly or indirectly controlling, controlled by or under common control with the Company and/or Reflect where control may be by management authority, equity interest or otherwise.
Release of Released Parties. (a) Upon the Effective Date, subject to Section 3.2 and in consideration of payment of the Settlement Amount, and for other valuable consideration set forth in the Settlement Agreement, the Releasing Parties shall be deemed to, and do hereby, release and forever discharge the Released Parties of and from any and all Released Claims. The Parties shall use their best efforts to have the terms of the release contemplated herein incorporated into the Approval Orders. It is a material term of the Settlement Agreement that the Courts include the release of the Released Parties of all the Released Claims provided for in this Settlement Agreement in the Approval Orders.
(b) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true with respect to the subject matter of the Settlement Agreement, and that it is their intention to, and they do hereby, release fully, finally and forever all Released Claims as set out in this Section 3.1, and in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of any such additional or different facts.
Release of Released Parties. (a) Upon the Effective Date, subject to Section 4.2 and in consideration of payment of the Settlement Amount, and for other valuable consideration set forth in the Settlement Agreement, including British Airways’ commitment to provide continuing compliance with the cooperation provisions of this Settlement Agreement set forth in Section 3.1, the Releasing Parties shall be deemed to, and do hereby, release and forever discharge the Released Parties of and from any and all Released Claims. The Parties shall use their best efforts to have the terms of the release contemplated herein incorporated into the Approval Order.
(b) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true with respect to the subject matter of the Settlement Agreement, and that it is their intention to release fully, finally and forever all Released Claims as set out in this Section 4.1, and in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of any such additional or different facts.
Release of Released Parties. At the applicable time pursuant to Section 4.03, each of the Released Parties shall be released and discharged from all present and future actions, causes of action, damages, judgments, executions, obligations, liabilities and Claims of any kind or nature whatsoever arising on or prior to the Proposal Implementation Date, including without limitation in connection with the Convertible Debentures, the Debenture Indenture, the Debenture Documents, this Proposal and any proceedings commenced with respect to or in connection with this Proposal, the transactions contemplated hereunder, and any other actions or matters related directly or indirectly to the foregoing, provided that nothing in this paragraph shall release or discharge (i) any of the Released Parties from or in respect of their respective obligations under this Proposal, the New Secured Notes or any order or document ancillary to any of the foregoing, or (ii) any Released Party from liabilities or claims which cannot be released pursuant to s. 50(14) of the BIA, as determined by the final, non-appealable judgment of the Court. The foregoing release shall not be construed to prohibit a party in interest from seeking to enforce the terms of this Proposal or any contract or agreement entered into pursuant to, in connection with or contemplated by this Proposal.
