Release of the Companies. Effective upon the Closing, each Seller hereby irrevocably waives, releases and discharges forever the Companies from any and all (x) Liabilities and (y) Contracts entered into prior to the date hereof with such Seller whether in its capacity as a Seller hereunder, as an employee or shareholder of a Company or otherwise, including in respect of rights of contribution or indemnification, in each case whether arising hereunder or under any other Contract or otherwise at law or equity, and each Seller hereby covenants and agrees that it will not seek to recover any amounts in connection therewith or thereunder from a Company.
Release of the Companies. (a) As a material inducement to Bxxxx’s willingness to enter into and perform this Agreement and to purchase the LLC Interests pursuant to the terms of this Agreement for the consideration to be paid or provided to Sellers in connection with such purchase, effective as of the Closing Date, Sellers, on behalf of himself, herself or itself and each of his, her or its respective Affiliates and representatives, hereby releases and forever discharges Buyer, each Company and its respective successors and assigns (individually, a “Company Releasee” and collectively, the “Company Releasees”) from any and all actions, orders, obligations, contracts, agreements, debts and liabilities whatsoever, whether known or unknown, suspected or unsuspected, both at law and in equity, which Sellers or any of their respective representatives now has, have ever had or may hereafter have against the respective Company Releasees arising contemporaneously with or prior to the Closing Date or on account of or arising out of any matter, cause or event occurring contemporaneously with or prior to the Closing Date, including, but not limited to, any rights to indemnification or reimbursement from the Company, whether pursuant to their respective charter, operating agreement or any other charter documents, contract or otherwise and whether or not relating to claims pending on, or asserted after, the Closing Date; provided, however, that nothing contained herein shall operate to release any obligation of Buyer arising under this Agreement and the other Transaction Documents.
Release of the Companies. Effective upon the Closing, each of the Companies and MNST hereby irrevocably waives, releases and discharges forever the other of MNST and its Affiliates or the Companies, as the case may be, from any and all Liabilities arising prior to the Closing Date and each of the Companies and MNST and its Affiliates hereby covenants and agrees that it will not seek to recover any amounts in connection therewith or thereunder from either of the other of MNST and its Affiliates or the Companies, as the case may be. Notwithstanding any provision to the contrary herein, none of the Companies nor MNST and its Affiliates waives, releases or discharges the other of MNST and its Affiliates or the Companies, as the case may be, from any Liabilities under the terms and provisions of this Agreement, including but not limited to, any claim for indemnification pursuant to Article IX, or any other agreement or transaction contemplated herein.
Release of the Companies. Effective as of the Closing Date, each Seller, for itself and on behalf of its Affiliates, including without limitation SCO and Sentinel Data Centers, LLC, and each of its and their respective successors, heirs and executors (each, a “Seller Releasor”), hereby irrevocably, knowingly and voluntarily releases, discharges and forever waives and relinquishes all claims, demands, liabilities, defenses, affirmative defenses, setoffs, counterclaims, actions and causes of action of whatever kind or nature, whether known or unknown, which any Seller Releasor has, may have or might have or may assert now or in the future, against the Companies arising out of, based upon or resulting from any contract, transaction, event, circumstance, action, failure to act or occurrence of any sort or type, whether known or unknown, and which occurred, existed, was taken permitted or begun prior to the Closing Date; provided, that nothing contained in this Section 9.15(b) shall release, discharge, waive or otherwise affect the rights or obligations of any party to the extent set forth in this Agreement, any Ancillary Agreement, or any assignment and assumption agreement pursuant to which Sentinel Data Centers, LLC will have assigned, between the date hereof and the Closing, to either of the Companies the Contracts set forth in Section 6.7 of the Sellers’ Disclosure Schedule. The Seller Releasors shall refrain from, directly or indirectly, asserting any claim or demand or commencing, instituting or maintaining, or causing to be commenced, any legal or arbitral Proceeding of any kind against the Companies based upon any matter released pursuant to the first sentence of this Section 9.15
