Release of the Lender. In consideration of Lender's entry into this Agreement, the Borrower, WFLP and the Guarantor hereby release, remise, acquit and forever discharge the Lender, the Lender's employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations and related corporate divisions (all of the foregoing hereinafter called the "Released Parties") from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses, breaches, rights of setoff, counterclaims and statutory rights, of any and every character, known or unknown, direct or indirect, liquidated or unliquidated, contingent or non-contingent, at law or in equity, of every kind or nature, including any which may arise in a bankruptcy or insolvency proceeding, whether heretofore or hereafter arising, for or because of any manner of things done, omitted or suffered to be done by any of the Released Parties prior to and including the date of execution hereof, arising from or in any way directly or indirectly related to this Agreement, the Forbearance Agreement as originally executed on June 30, 2005, or any of the Loan Documents or from the performance and payment by Borrower or WFLP thereunder, or from the Guarantee of Borrowers' obligations to Lender by the Guarantor, and also from all other claims, rights, demands or causes of action of any kind, in law or in equity against the Lender, except for Lenders duties hereunder (all of the foregoing hereinafter called, collectively, the "Released Matters"). Borrower, WFLP and the Guarantor acknowledge that the agreements in this Section are intended to be in full satisfaction of any and all alleged injuries or damages arising in connection with the Released Matters, whether known or unknown, at law or in equity, and that this release is a material inducement to the Lender's entry into this Agreement. Each of the Borrower, WFLP and the Guarantor further represents and warrants to the Lender that it has not transferred, assigned or otherwise conveyed, or purported to transfer, assign or otherwise convey, any right, title or interest in the Released Matters as to any Person and that the foregoing constitutes a full and complete release of all Released Matters.
Release of the Lender. The Borrower hereby confirms that as of the date hereof it has no claim, set-off, counterclaim, defense, or other cause of action against the Lender including, but not limited to, a defense of usury, any claim or cause of action at common law, in equity, statutory or otherwise, in contract or in tort, for fraud, malfeasance, misrepresentation, financial loss, usury, deceptive trade practice, or any other loss, damage or liability of any kind, including, without limitation, any claim to exemplary or punitive damages arising out of any transaction between the Borrower and the Lender. To the extent that any such set-off, counterclaim, defense, or other cause of action may exist or might hereafter arise based on facts known or unknown that exist as of this date, such set-off, counterclaim, defense and other cause of action is hereby expressly and knowingly waived and released by the Borrower. The Borrower acknowledges that this release is part of the consideration to the Lender for the financial and other accommodations granted by the Lender in this Agreement.
Release of the Lender. By execution of this Agreement, the Borrower and the Guarantor jointly and severally acknowledge and confirm that they do not have any offsets, defenses or claims against the Lender, or any of its officers, agents, directors or employees whether asserted or unasserted. To the extent that they may have such offsets, defenses or claims, the Borrower and the Guarantor and each of their respective successors, assigns, parents, subsidiaries, affiliates, predecessors, employees, agents, heirs, executors, as applicable, jointly and severally, release and forever discharge the Lender, its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, successors and assigns, both present and former (collectively the "Lender Affiliates") of and from any and all manner of action and actions, cause and causes of action, suits, debts, controversies, damages, judgments, executions, claims and demands whatsoever, asserted or unasserted, in law or in equity which against the Lender and/or the Lender Affiliates they ever had, now have or which any of the Borrower’s or the Guarantor’s successors, assigns, parents, subsidiaries, affiliates, predecessors, employees, agents, heirs, executors, as applicable, both present and former ever had or now has, upon or by reason of any manner, cause, causes or thing whatsoever, including, without limitation, any presently existing claim or defense whether or not presently suspected, contemplated or anticipated.
Release of the Lender. The Borrower hereby absolutely and unconditionally releases and forever discharges the Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents and employees of any of the foregoing, from any and all claims, counterclaims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which the Borrower has had, now has or has made claim to have against the Lender or such other person or entity for or by reason of any act, omission, matter, cause or thing whatsoever arising out of or in connection with the Obligations or the Loan Documents, the Forbearance Agreement or any document, correspondence, agreement or instrument related hereto or thereto, from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured, known or unknown, liquidated, fixed or contingent, or direct or indirect.
Release of the Lender. (i) EFSC and its successors, assigns and --------------------- anyone claiming under them, hereby release and forever discharge the Lender, its parent, subsidiaries, affiliates, divisions, agents, attorneys, officers, directors, employees, and each of their successors and assigns, from any and all claims, demands, actions, causes of action, rights of action, obligations, or liabilities of any nature whatsoever, at law or in equity or by statute, known or unknown, which are related to the Credit Documents and (ii) EAGL and its successors, assigns and anyone claiming under them, hereby release and forever discharge the Lender, its parent, subsidiaries, affiliates, divisions, agents, attorneys, officers, directors, employees, and each of their successors and assigns, from any and all claims, demands, actions, causes of action, rights of action, obligations, or liabilities of any nature whatsoever, at law or in equity or by statute, known or unknown, which are related to the Guaranty or the Mortgage Debenture.
Release of the Lender. (a) The Borrower does hereby release, waive, and forever discharge any and all claims, rights, demands, and causes of action, known or unknown, fixed or contingent, which it has or may have, or claim to have against the Lender and/or any of its affiliates and/or any of their employees, officers, directors, agents, or representatives, (hereinafter collectively referred to as "Releasees") arising at any time from the beginning of the world to the date of this Agreement, with respect to (i) the Loan; (ii) any or all of the Loan Documents; (iii) the administration and enforcement of the Loan; (iv) the conduct of the Lender or any or all of the Releasees with respect to the Loan; and (v) the lending and/or business relationship between the Borrower and any and/or all of the Releases.
Release of the Lender. Simultaneously with its execution of this --------------------- Agreement, the Borrower has executed the Release.
