Common use of Release Clause in Contracts

Release. a. In consideration of Agent’s and Lenders’ agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein in this Amendment and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves each Guarantor and each of their officersDealer (collectively, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges Agent and each Lender, each Lender and of their successors and assigns, each of their respective affiliates, and their respective affiliates’ present and former shareholders, affiliatesmembers, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, Lenders and all such other Persons being hereinafter referred to collectively as the “Releasees,” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, individually a “Claim” and collectively, “Claims”) of every name and nature, either known or unknown, suspected or unsuspected, both at law and in equity, which Releasors, or any of them, or all any of the Releasors their successors, assigns or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreementhereof, including, without limitation, for or on the account of, or in relation to, or in any way in connection with the IFA, or any of the Credit Agreement, the other Loan Documents, any of including, without limitation, the Mortgage Documents or this Agreement Guaranties, or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration of Agent’s and Lenders’ agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves The Borrowers and each of their officersthe Guarantors hereby acknowledges and confirms that (i) it does not have any grounds, employeesand hereby agrees not to challenge (or to allege or to pursue any matter, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”cause or claim arising under or with respect to), in any case based upon acts or omissions of any of the Agents or Lenders occurring prior to the date hereof or facts otherwise known to it as of the date hereof, the effectiveness, genuineness, validity, collectibility or enforceability of the Loan Agreement or any of the other Loan Documents, the Obligations, the Liens securing such Obligations, or any of the terms or conditions of any Loan Document (it being understood that such acknowledgement and confirmation does not preclude the Borrowers or the Guarantors from challenging the Agents’ or any Bank’s interpretation of any term or provision of the Loan Agreement or other Loan Document) and (ii) it does not possess (and hereby absolutelyforever waives, unconditionally remises, releases, discharges and irrevocably releaseholds harmless the Agents, remise and forever discharge Agent, each Lender and their successors and assignsthe Lenders, and their present and former shareholders, respective affiliates, subsidiaries, divisions, predecessorsstockholders, directors, officers, employees, attorneys, advisors, employees, agents and other representatives and each of their respective heirs, executors, administrators, successors and assigns (collectively hereinafter referred to as collectively, the “Releasees” Indemnified Parties”) from and individually as a “Releasee”)against, of and from all demandsagrees not to allege or pursue) any action, actions, causes cause of action, suitssuit, covenantsdebt, contractsclaim, controversiescounterclaim, agreementscross-claim, promisesdemand, sums defense, offset, opposition, demand and other right of moneyaction whatsoever, accountswhether in law, billsequity or otherwise (which it, reckoningsall those claiming by, damages through or under it, or its successors or assigns, have or may have) against the Indemnified Parties, or any of them, by reason of, any matter, cause or thing whatsoever, with respect to events or omissions occurring or arising on or prior to the date hereof and relating to the Loan Agreement or any and all of the other claimsLoan Documents (including, counterclaimswithout limitation, defenseswith respect to the payment, rights performance, validity or enforceability of set-offthe Obligations, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known the Liens securing the Obligations or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors may now terms or hereafter own, hold, have or claim to have against the Releasees conditions of any Loan Document) or any of them fortransaction relating thereto; provided, uponhowever, that no Borrower nor Guarantor hereby releases or holds harmless any Indemnified Party for actions or omissions by any such Indemnified Party constituting, or by reason of any circumstance, action, cause losses or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreementexpenses directly resulting from, the other Loan Documents, any of the Mortgage Documents gross negligence or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions willful misconduct of such releaseIndemnified Party as determined by a final judgment of a court of competent jurisdiction. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration of Agent’s (a) Effective on the date hereof, each Borrower and Lenders’ agreements contained herein each Guarantor, for itself and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessorsofficers, directors, officers, attorneys, advisors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby waives, releases, remises and forever discharges Agent and each Lender, each of their respective Affiliates, and each of their respective successors in title, past, present and future officers, directors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, shareholders, trustees, agents and other representatives professionals and all other persons and entities to whom any member of the Lenders would be liable if such persons or entities were found to be liable to such Borrower or such Guarantor (collectively hereinafter referred to as each a “Releasee” and collectively, the “Releasees” and individually as a “Releasee”), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever criminal or civil statute or common law (individually, each a “Claim” and collectively, the “Claims”) of every name and nature), whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforeseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equity, which any such Borrower or all such Guarantor ever had from the beginning of the Releasors may world, now has, or might hereafter own, hold, have or claim to have against the Releasees any such Releasee which relates, directly or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior indirectly to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, any other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Document, or to the lender-borrower relationship evidenced by the Loan Documents, any except for the duties and obligations set forth in this Amendment. As to each and every Claim released hereunder, each Borrower and each Guarantor hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the Mortgage Documents provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” As to each and every Claim released hereunder, each Borrower and each Guarantor also waives the benefit of each other similar provision of applicable federal or state law (including without limitation the laws of the state of New York), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. Each Borrower and each Guarantor acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and agrees that this Agreement instrument shall be and remain effective in all respects notwithstanding any such differences or transactions thereunder or related thereto. b. Obligors understandadditional facts. Each Borrower and each Guarantor understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact(b) Each Borrower and each Guarantor, eventfor itself and on behalf of its successors, circumstanceassigns, evidenceand officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or transaction which could now be assertedclaiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not xxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by such Person pursuant to the above release. Each Borrower and each Guarantor further agrees that it shall not dispute the validity or enforceability of the Credit Agreement or any of the other Loan Documents or any of its obligations thereunder, or which the validity, priority, enforceability or the extent of Agent’s Lien on any item of Collateral under the Credit Agreement or the other Loan Documents. If any Borrower, any Guarantor, or any of their respective successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may hereafter be discovered shall affect in any manner the finalsustain as a result of such violation, absolute, all attorneys’ fees and unconditional nature costs incurred by such Releasee as a result of the release set forth abovesuch violation.

Release. a. In consideration (a) Each Loan Party hereby acknowledges and agrees that the Obligations under the Credit Agreement and the other Loan Documents are payable pursuant to the Credit Agreement and the other Loan Documents as modified hereby without defense, offset, withholding, counterclaim, or deduction of Agent’s any kind. (b) Effective on the date hereof, each Loan Party, for itself and Lenders’ agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessorsofficers, directors, officers, attorneys, advisors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby waives, releases, remises and forever discharges each member of the Lender Group, each Bank Product Provider, and each of their respective Affiliates, and each of their respective successors in title, past, present and future officers, directors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, shareholders, trustees, agents and other representatives professionals and all other persons and entities to whom any member of the Lenders would be liable if such persons or entities were found to be liable to such Loan Party (collectively hereinafter referred to as each a "Releasee" and collectively, the “"Releasees” and individually as a “Releasee”"), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever criminal or civil statute or common law (individually, each a “"Claim” " and collectively, “the "Claims”) of every name and nature"), whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforeseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equity, which any or all such Loan Party ever had from the beginning of the Releasors may now or hereafter own, hold, have or claim world to have against the Releasees or any of them for, upondate hereof, or by reason of now has, against any circumstancesuch Releasee which relates, action, cause directly or thing whatsoever which arises at any time on or prior indirectly to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, any other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Document, or to the lender-borrower relationship evidenced by the Loan Documents, except for the duties and obligations set forth in any of the Mortgage Loan Documents or in this Agreement Amendment. As to each and every Claim released hereunder, each Loan Party hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." As to each and every Claim released hereunder, each Loan Party also waives the benefit of each other similar provision of applicable federal or transactions thereunder state law (including without limitation the laws of the state of California), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. Each Loan Party each acknowledges that it may hereafter discover facts different from or related thereto. b. Obligors understandin addition to those now known or believed to be true with respect to such Claims and agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Loan Party understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact(c) Each Loan Party, eventfor itself and on behalf of its successors, circumstanceassigns, evidenceand officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or transaction which could now be assertedclaiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not xxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by such Person pursuant to the above release, If any Loan Party or any of its respective successors, assigns, or which officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may hereafter be discovered shall affect in any manner the finalsustain as a result of such violation, absolute, all attorneys' fees and unconditional nature costs incurred by such Releasee as a result of the release set forth abovesuch violation.

Release. a. (a) In consideration of Agent’s the agreements of Administrative Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach of Parent and each Subsidiary of Parent, on behalf of themselves and each of their officersitself, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge discharges Administrative Agent, each Lender Lenders, Xxxxx Fargo, Xxxxx Fargo Capital Finance, LLC and Xxxxx Fargo Capital Finance, Inc. and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives and their affiliates, subsidiaries and divisions engaged in the provision of financial services to Borrower and any of its subsidiaries (collectively Administrative Agent, each Lender, Xxxxx Fargo, Xxxxx Fargo Capital Finance, LLC and Xxxxx Fargo Capital Finance, Inc. and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which Parent or such Subsidiary or any of their successors, assigns, or all of the Releasors other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises has arisen at any time on or prior to the day and date of this Agreement, including, without limitation, Amendment for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) Each of Parent and each Subsidiary of Parent understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each of Parent and each Subsidiary of Parent agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. In consideration of Agent’s (a) Effective on the date hereof, each Borrower and Lenders’ agreements contained herein each Guarantor, for itself and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessorsofficers, directors, officers, attorneys, advisors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby waives, releases, remises and forever discharges Agent and each Lender, each of their respective Affiliates, and each of their respective successors in title, past, present and future officers, directors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, shareholders, trustees, agents and other representatives professionals and all other persons and entities to whom any member of the Lenders would be liable if such persons or entities were found to be liable to such Borrower or such Guarantor (collectively hereinafter referred to as each a “Releasee” and collectively, the “Releasees” and individually as a “Releasee”), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever criminal or civil statute or common law (individually, each a “Claim” and collectively, the “Claims”) of every name and nature), whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforeseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equity, which any such Borrower or all such Guarantor ever had from the beginning of the Releasors may world, now has, or might hereafter own, hold, have or claim to have against the Releasees any such Releasee which relates, directly or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior indirectly to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, any other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Document, or to the lender-borrower relationship evidenced by the Loan Documents, any except for the duties and obligations set forth in this Amendment. As to each and every Claim released hereunder, each Borrower and each Guarantor hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the Mortgage Documents provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” As to each and every Claim released hereunder, each Borrower and each Guarantor also waives the benefit of each other similar provision of applicable federal or state law (including without limitation the laws of the state of New York), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. Each Borrower and each Guarantor acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and agrees that this Agreement instrument shall be and remain effective in all respects notwithstanding any such differences or transactions thereunder or related thereto. b. Obligors understandadditional facts. Each Borrower and each Guarantor understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact(b) Each Borrower and each Guarantor, eventfor itself and on behalf of its successors, circumstanceassigns, evidenceand officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or transaction which could now be assertedclaiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by such Person pursuant to the above release. Each Borrower and each Guarantor further agrees that it shall not dispute the validity or enforceability of the Credit Agreement or any of the other Loan Documents or any of its obligations thereunder, or which the validity, priority, enforceability or the extent of Agent’s Lien on any item of Collateral under the Credit Agreement or the other Loan Documents. If any Borrower, any Guarantor, or any of their respective successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may hereafter be discovered shall affect in any manner the finalsustain as a result of such violation, absolute, all attorneys’ fees and unconditional nature costs incurred by such Releasee as a result of the release set forth abovesuch violation.

Release. a. In Except to the extent otherwise provided in Section 2.1, in consideration of Agent’s the agreements of the Preferred Majority Holder, the Member, the General Partner, Parent and Lenders’ agreements the Company contained herein in this Agreement and in any other Related Agreement and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, if the ObligorsShares have been redeemed in full pursuant to Article 6 or Article 7 of the Second Amended and Restated Series A Certificate of Designation (including the receipt by the holders thereof of the aggregate Redemption Price), (a) this Agreement and the Second Amended and Restated Series A Certificate of Designation shall automatically be terminated and be of no further force and effect and all obligations thereunder shall automatically be released and (b) (i) the Preferred Majority Holder, on behalf of themselves itself and each of its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Member, the General Partner, Parent and the Company and their officers, employees, present and former shareholders, attorneysdirect and indirect owners, agentspartners, members, managers, consultants, affiliates, subsidiaries, divisions, predecessors, current or former directors, officers, attorneys, advisors, financial advisors, principals, employees, agents, managed funds representatives and other representatives, together with all such person’s predecessors, successors, heirs, executors and assigns, and all persons acting by, through, under or in concert with any of them (all such persons or entities being hereinafter referred to collectively as the “Company Releasees” and individually as a “Company Releasee”) and (ii) the Member, the General Partner, Parent and the Company, on behalf of itself and its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agent, each Lender discharges the Preferred Majority Holder and their successors and assigns, and their its present and former shareholders, direct and indirect owners, partners, members, managers, consultants, affiliates, subsidiaries, divisions, predecessors, current or former directors, officers, attorneys, advisors, financial advisors, principals, employees, agents agents, managed funds representatives and other representatives representatives, together with such person’s predecessors, successors, heirs, executors and assigns, and all persons acting by, through, under or in concert with any of them (collectively all such persons or entities being hereinafter referred to collectively as the “Holder Releasees” and individually as a “Holder Releasee”), in the case of each of clause (i) and (ii) above, of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, debts, liabilities, reckonings, damages and any and all other claims, counterclaims, defenses, recoupment, rights of set-offsetoff, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, contingent or mature, suspected or unsuspected, foreseen or unforeseen or liquidated or unliquidated, both at law and in equity, or upon contract or tort or under any state or federal law or otherwise (collectively, “Released Claims”), which the Preferred Majority Holder, the Company or any other party hereto, or all any of the Releasors their respective successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Company Releasees or Holder Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, (including, without limitation, for any other matter relating to the Company, its affiliates or on account oftheir operations), or in relation toeach case, or in any way in connection with any arising out of the Credit this Agreement, the other Loan DocumentsSecond Amended and Restated Series A Certificate of Designation or the Preferred Securities. For the avoidance of doubt, nothing herein shall release any of the Mortgage Documents or acknowledgements, agreements and covenants under this Agreement or transactions thereunder or related theretothat, pursuant to Section 2.1, survives termination hereof. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration of Agent’s the agreements of Agent and Lenders’ agreements each Lender contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the ObligorsBorrower, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby fully, absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges Agent and each Lender, each Lender and their its successors and assigns, and their its present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, Lender and all such other persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which Borrower, or any of its successors, assigns, or all of the Releasors other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or immediately prior to the day and date effectiveness of this Agreement, including, without limitation, for Amendment under the Agreement or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand. Borrower understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree . Borrower agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above. Borrower hereby waives the provisions of California Civil Code section 1542, which states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the Obligorseach Loan Party, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their its successors and assigns, and their its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents agents, legal representatives, and other representatives (collectively Loan Parties and all such other Persons being hereinafter referred to collectively as the “Releasees” "Releasing Parties" and individually as a “"Releasing Party"), hereby absolutely, unconditionally, and irrevocably releases, remises, and forever discharges Agent, each Lender, and each of their respective successors and assigns, and their respective present and former shareholders, members, managers, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives, and other representatives (Agent, Lenders, and all such other Persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee”"), of and from any and all demands, actions, causes of action, suits, covenantsdamages, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offset‑off, demands demands, and liabilities whatsoever (individually, a “"Claim” " and collectively, “"Claims”") of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any Releasing Party or all any of the Releasors its successors, assigns, or other legal representatives may now or hereafter own, hold, have have, or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause cause, or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, Agreement for or on account of, or in relation to, or in any way in connection with any of this Agreement, the Credit Agreement, any of the other Loan Documents, or any of the Mortgage Documents transactions hereunder or this Agreement or transactions thereunder or related theretothereunder. b. Obligors understand(b) Each Loan Party understands, acknowledge acknowledges, and agree agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit suit, or other proceeding which may be instituted, prosecuted prosecuted, or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Loan Party agrees that no fact, event, circumstance, evidence, or transaction which could now be asserted, asserted or which may hereafter be discovered shall will affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Borrower and each Guarantor (by its execution and delivery of the Obligorsattached Consent and Reaffirmation), on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges Agent and Lenders, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which Borrower, any Guarantor or all any of the Releasors their respective successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related theretothereto which arises at any time on or prior to the day and date of this Amendment. b. Obligors understand(b) Each of Borrower and each Guarantor understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each of Borrower and each Guarantor agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. In consideration of of, among other things, the Administrative Agent’s ’s, the Fronting Banks’ and the Lenders’ agreements contained herein execution and for other good and valuable considerationdelivery of this Amendment, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach Borrower, on behalf of themselves itself and each of their its agents, representatives, officers, directors, advisors, employees, present and former shareholders, attorneys, agentssubsidiaries, affiliates, subsidiariessuccessors and assigns (collectively, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutelyforever agrees and covenants not to sue or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, unconditionally releases and irrevocably releasedischarges, remise and forever discharge Agentto the fullest extent permitted by law, each Lender Releasee from any and their successors all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”recoupment), of and from all demands, actions, causes of action, suits, covenantsdebts, contractsliens, controversies, agreements, promises, sums of money, accounts, bills, reckoningswarranties, damages and any consequential damages, judgments, costs or expenses whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and all other claimskind, counterclaimswhether now existing or hereafter arising, defenses, rights of set-off, demands and liabilities whatsoever whether arising at law or in equity (individually, a “Claim” and collectively, the “Claims”) of every name and nature), known or unknown, suspected or unsuspected, both at law and in equity, which against any or all of the Releasors may now Credit Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or hereafter ownin part on facts existing on or before the Amendment Effective Date, holdthat relate to, have arise out of or claim otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith; or (ii) any aspect of the dealings or relationships between or among the Borrowers, on the one hand, and any or all of the Credit Parties, on the other hand, relating to have any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by any Borrower of any Advances or other financial accommodations made by any Credit Party after the date hereof shall constitute a ratification, adoption, and confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time in part on facts existing on or prior to the day and date of receipt of any such Advances or other financial accommodations. In entering into this AgreementAmendment, includingeach Borrower consulted with, without limitationand has been represented by, for legal counsel and expressly disclaims any reliance on any representations, acts or on account of, or in relation to, or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way in connection with on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 10 shall survive the termination of this Amendment, the Credit Agreement, the other Loan Documents, any Documents and payment in full of the Mortgage Documents or this Agreement or transactions thereunder or related theretoAdvances. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable considerationherein, the receipt and sufficiency of which is hereby acknowledged, the Obligors, each Credit Party on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby hereby, jointly and severally, absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agent, discharges Agent and each Lender and their successors and assignsLender, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives and their respective successors and assigns (collectively Agent, each Lender and all such other parties being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, whether liquidated or unliquidated, matured or unmatured, asserted or unasserted, fixed or contingent, foreseen or unforeseen and anticipated or unanticipated, which such Credit Party, or any of its successors, assigns, or all of the Releasors other legal representatives and its successors and assigns may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, actionnature, cause or thing whatsoever which arises at any time on or prior to the day and date of this AgreementAmendment, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Loan Agreement, as amended and supplemented through the other Loan date hereof, this Amendment and the Transaction Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration (a) Each Loan Party hereby acknowledges and agrees that the Obligations under the Credit Agreement and the other Loan Documents are payable pursuant to the Credit Agreement and the other Loan Documents as modified hereby without defense, offset, withholding, counterclaim, or deduction of Agent’s any kind. (b) Effective on the date hereof, each Loan Party, for itself and Lenders’ agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessorsofficers, directors, officers, attorneys, advisors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby waives, releases, remises and forever discharges each member of the Lender Group, each Bank Product Provider, and each of their respective Affiliates, and each of their respective successors in title, past, present and future officers, directors, employees, limited partners, general partners, managers, investors, attorneys, assigns, subsidiaries, affiliates, shareholders, trustees, agents and other representatives professionals and all other persons and entities to whom any member of the Lenders would be liable if such persons or entities were found to be liable to such Loan Party (collectively hereinafter referred to as each a "Releasee" and collectively, the “"Releasees” and individually as a “Releasee”"), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever criminal or civil statute or common law (individually, each a “"Claim” " and collectively, “the "Claims”) of every name and nature"), whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforeseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equity, which any or all such Loan Party ever had from the beginning of the Releasors may now or hereafter own, hold, have or claim world to have against the Releasees or any of them for, upondate hereof, or by reason of now has, against any circumstancesuch Releasee which relates, action, cause directly or thing whatsoever which arises at any time on or prior indirectly to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, any other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Document, or to the lender-borrower relationship evidenced by the Loan Documents, except for the duties and obligations set forth in any of the Mortgage Loan Documents or in this Agreement Amendment. AS TO EACH AND EVERY CLAIM RELEASED HEREUNDER, EACH LOAN PARTY HEREBY REPRESENTS THAT IT HAS RECEIVED THE ADVICE OF LEGAL COUNSEL WITH REGARD TO THE RELEASES CONTAINED HEREIN, AND HAVING BEEN SO ADVISED, SPECIFICALLY WAIVES THE BENEFIT OF THE PROVISIONS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." As to each and every Claim released hereunder, each Loan Party also waives the benefit of each other similar provision of applicable federal or transactions thereunder state law (including without limitation the laws of the state of California), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. Each Loan Party each acknowledges that it may hereafter discover facts different from or related thereto. b. Obligors understandin addition to those now known or believed to be true with respect to such Claims and agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Loan Party understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact(c) Each Loan Party, eventfor itself and on behalf of its successors, circumstanceassigns, evidenceand officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or transaction which could now be assertedclaiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not xxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by such Person pursuant to the above release, If any Loan Party or any of its respective successors, assigns, or which officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may hereafter be discovered shall affect in any manner the finalsustain as a result of such violation, absolute, all attorneys' fees and unconditional nature costs incurred by such Releasee as a result of the release set forth abovesuch violation.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Borrower and each Guarantor (by its execution and delivery of the Obligorsattached Consent and Reaffirmation), on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges Agent and Lenders, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, each Lender and all such other Persons being hereinafter referred to collectively as the “"Releasees” " and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “"Claim” " and collectively, “"Claims”") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which Borrower, any Guarantor or all any of the Releasors their respective successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related theretothereto which arises at any time on or prior to the day and date of this Amendment. b. Obligors understand(b) Each of Borrower and each Guarantor understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each of Borrower and each Guarantor agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s and Lenders’ the agreements of the holders of Securities contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach Credit Party, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges each holder of Securities, each Lender and their its successors and assigns, and their its present and former shareholders, partners, members, managers, consultants, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives representatives, and all persons acting by, through, under or in concert with any of them (collectively each holder of Securities and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), ) of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, recoupment, rights of set-offsetoff, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, contingent or mature, suspected or unsuspected, both at law and in equity, which any Credit Party or all any of the Releasors its respective successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AgreementAmendment, including, without limitation, for or on account of, or in relation to, or in any way in connection with the Securities Purchase Agreement, or any of the Credit Agreement, the other Loan Documents, any of the Mortgage Transaction Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) Each Credit Party understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Credit Party agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above. (d) In entering into this Amendment, each Credit Party has consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the release set forth above does not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section shall survive the termination of this Amendment and the other Transaction Documents and the payment in full of the Notes. (e) Each Credit Party acknowledges and agrees that the release set forth above may not be changed, amended, waived, discharged or terminated orally.

Release. a. In consideration of Agent’s and Lenders’ agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the ObligorsCompany, on behalf of themselves itself and on behalf of each of its predecessors, successors, parents, subsidiaries, shareholders, and affiliated and/or related companies, and each of its respective present and former officers, directors, shareholders, employees, representatives, business entities, executors, administrators, conservators, assignors and assignees, hereby knowingly and voluntarily fully and forever absolutely and irrevocably waive, release and discharge Investor and its predecessors, successors, parents, subsidiaries, and affiliated and/or related companies and entities, and each of their respective present and former officers, directors, shareholders, partners, members, employees, present and former shareholders, attorneysrepresentatives, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employeesbusiness entities, agents executors, administrators, conservators, assignors and other representatives (collectively hereinafter referred to as the “Releasees” assignees and individually as a “Releasee”)all parties acting through, under or in concert with them, and each of them, in their individual and representative capacities, from any and all claims, charges, complaints, grievances, demands, liens, actions, suits, causes of action, suits, covenants, contractsobligations, controversies, agreementsdebts, promisescosts, sums of moneyindemnity, accountsattorneys' fees, billsexpenses, reckoningsdamages, damages and any and all other claimsjudgments, counterclaimsorders, defenses, rights of set-off, demands and liabilities whatsoever (individuallyof whatever kind and/or nature in law, a “Claim” and collectivelyequity or otherwise, “Claims”) of every name and nature, whether now known or unknown, suspected or unsuspected, both at law and in equitywhich have existed or may have existed, or which any do exist or all which hereafter can, shall or may exist as of the Releasors may now or hereafter owndate this Amendment is executed, hold, have or claim to have against the Releasees or including without limitation any of them for, that are based upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account ofconnected with, or in relation to, otherwise arising out of or in any way in connection with any of relating to the Credit AgreementTransaction Documents. Company expressly waives and relinquishes, to the fullest extent permitted by law, the other Loan Documentsprovisions, rights and benefits conferred by any of law that would limit the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature scope of the release set forth provided above. Company acknowledges that it may hereafter discover facts in addition to or different from those that it now knows to be true with respect to the subject matters of the claims released herein, and hereby stipulates and agrees that it has fully, finally, and forever settled and released any and all such claims, whether known or unknown, suspected or unsuspected, contingent or non-contingent, concealed or hidden, which now exist or heretofore existed upon any theory of law or equity now existing or coming into existence in the future, without regard to the discovery or existence of such different or additional facts.

Release. a. In consideration of Agentthe covenants, agreements and undertakings of the Parties under this Agreement, effective upon the satisfaction of PIH’s and Lenders’ agreements contained herein and for other good and valuable considerationobligations under Section 2 of this Agreement, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach Party, on behalf of themselves itself and each of their its respective present and former parents, subsidiaries, affiliates, officers, directors, shareholders, members, successors and assigns (collectively, “Releasors”) hereby releases, waives and forever discharges the other Party and its respective present and former, direct and indirect, parents, subsidiaries, affiliates, employees, present and former officers, directors, shareholders, attorneysmembers, agents, affiliatesrepresentatives, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their permitted successors and assignspermitted assigns (collectively, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”), ) of and from any and all demands, actions, causes of action, suits, losses, liabilities, rights, debts, dues, sums of money, accounts, reckonings, obligations, costs, expenses, liens, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, sums of moneyvariances, accountstrespasses, billsdamages, reckoningsjudgments, damages and any and all other extents, executions, claims, counterclaimsand demands, defensesof every kind and nature whatsoever, rights of set-offwhether now known or unknown, demands and liabilities whatsoever foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law, admiralty or equity (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity), which any or all of the such Releasors may ever had, now have, or hereafter owncan, holdshall, have or claim to may have against the Releasees or any of them such Releasees for, upon, or by reason of any circumstancematter, actioncause, cause or thing whatsoever which arises at any from the beginning of time on or prior to through the day and date of this AgreementAgreement arising out of or relating to the MSA, includingexcept for any Claims relating to rights and obligations preserved by, without limitation, for created by or on account of, or in relation to, or in any way in connection with any otherwise arising out of this Agreement (including the rights and obligations under Section 7 of the Credit Agreement, the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related theretoMSA). b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration of Agent’s the amounts to be paid by the Company pursuant to the Employment Agreement entered into on [Date], by and Lenders’ agreements contained herein between the Company and for other good and valuable considerationExecutive (the “Employment Agreement”), the receipt and sufficiency of which is hereby acknowledged, the ObligorsExecutive, on behalf of themselves himself/herself and each on behalf of their officershis/her spouse, employeescivil union or domestic partner, present and former shareholdersdependents, attorneysheirs, agentsexecutors, affiliatesdevisees, subsidiariespersonal representatives, divisionsadministrators, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors agents and assigns, irrevocably and unconditionally forever waives, releases, gives up and discharges the Company, its parent, affiliated and related companies (including but not limited to OptiNose, Inc.), all of its and their employee benefit plans and trustees, fiduciaries, administrators, sponsors and parties-in-interest of those plans, all of its and their past and present and former shareholdersemployees, affiliates, subsidiaries, divisions, predecessorsmanagers, directors, officers, administrators, shareholders, members, investors, agents, attorneys, advisorsinsurers, employeesre-insurers and contractors acting in any capacity whatsoever (whether individually or in an official capacity on behalf of the Company), agents and other representatives all of its and their respective predecessors, heirs, personal representatives, successors and assigns (collectively hereinafter referred to as collectively, the “Releasees” and individually as a “ReleaseeReleased Parties”), of from any and from all debts, demands, actions, causes of action, suitsaccounts, covenants, contracts, controversiesagreements, agreementsclaims, damages, omissions, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands claims and liabilities whatsoever (individuallywhatsoever, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, accrued or unaccrued, liquidated or contingent, asserted or unasserted, both at in law and in equityequity (“Claims”), which any Executive ever had, now has, or all of the Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or Released Parties by reason of any circumstancematter or cause whatsoever based on, actionrelated to, cause or thing whatsoever arising from any event that occurred before the date Executive signs this Agreement and based upon, related to or arising out of or in any way concerning Executive’s employment with the Company, the terms, conditions or privileges of Executive’s employment with the Company, Executive’s separation from employment with the Company, and any and all violations and/or alleged violations of federal, state or local human rights laws, fair employment practices and/or other laws by any of the Released Parties for any reason and under any legal theory including, but not limited to, those arising or which arises at may be arising under, as applicable, Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), the Older Worker Benefit Protection Act (“OWBPA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), the Employee Polygraph Protection Act, the Worker Adjustment and Retraining Notification Act (“WARN”), the Family and Medical Leave Act (“FMLA”), the Coronavirus Aid, Relief and Economic Security Act (“CARES”), the Families First Coronavirus Relief Act (“FFCRA”), the American Rescue Plan Act, the Fair Labor Standards Act (“FLSA”), the Equal Pay Act of 1963 (“EPA”), the Xxxxx Xxxxxxxxx Fair Pay Act of 2010 (“Fair Pay Act”), the Genetic Information Nondiscrimination Act of 2008 (“XXXX”), the Rehabilitation Act, the Employee Polygraph Protection Act, the Electronic Communication Privacy Act, the Computer Fraud & Abuse Act, the Health Insurance Portability & Accountability Act (“HIPAA”), the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), the Occupational Safety and Health Act (“OSHA”), the Xxxxxxxx-Xxxxx Act of 2002, the Fair Credit Reporting Act (“FCRA”), the National Labor Relations Act (“NLRA”), the Labor Management Relations Act (“LMRA”), the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), the Civil Rights Act of 1991, 42 U.S.C. §§ 1981, 1983, 1985, 1986 and 1988), the Pennsylvania Wage Payment & Collection Law, the Pennsylvania Human Relations Act, the Pennsylvania Labor Relations Act, the Pennsylvania Equal Pay Law, the Pennsylvania Minimum Wage Act, the Pennsylvania Workers’ Compensation Act, any time on personal gain with respect to any claim arising under the Federal False Claims Act, or prior to any other federal, state or local laws, statutes, regulations, rules, ordinances, or orders, each as amended, or under any policy, agreement, contract, understanding or promise, written or oral, formal or informal, between any of the day Released Parties and date of this Agreement, includingExecutive and shall further apply, without limitation, to any and all Claims for breach of implied or on account ofexpress contract, breach of promise, breach of the covenant of good faith and fair dealing, misrepresentation, tortious interference with contract, civil conspiracy, negligence, fraud, estoppel, defamation, libel, misrepresentation, intentional infliction of emotional distress, violation of public policy, invasion of privacy, wrongful, retaliatory or constructive discharge, assault, battery, false imprisonment, negligence, and all other claims or torts, including any whistleblower claims, arising under any federal, state, or in relation tolocal law, regulation, ordinance or judicial decision, or in any way in connection with any of under the Credit Agreement, United States and Pennsylvania Constitutions (the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto“General Release”). b. Obligors understand, acknowledge and agree that For the release set forth above may be pleaded as purpose of implementing a full and complete defense release, Executive understands and agrees that this Agreement is intended to include all claims, if any, which Executive or his/her spouse, civil union or domestic partner, dependents, heirs, executors, devisees, personal representatives, administrators, agents and assigns may be used as a basis for an injunction have and which Executive does not now know or suspect to exist in his/her favor against any actionthe Released Parties, suit or other proceeding which may be institutedfrom the beginning of time until the time he/she signs this Agreement, prosecuted or attempted in breach of the provisions of such releaseand this Agreement extinguishes those claims. c. Obligors In consideration of the promises of the Company set forth in the Employment Agreement, Executive hereby releases and discharges the Released Parties from any and all Claims that Executive may have against the Released Parties arising under the Age Discrimination Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder (“ADEA”). Executive acknowledges that he/she understands that the ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. Executive also understands that, by signing this Agreement, he/she is waiving all Claims against any and all of the Released Parties. d. Executive understands that the laws and actions described above give Executive important remedies that relate to claims that he/she has or may have arising out of or in connection with his/her employment with, or separation from employment from, the Company and agree that he/she is freely and voluntarily giving up those remedies and claims. By signing this Agreement, Executive agrees that he/she is irrevocably and unconditionally waiving the right to proceed with discovery concerning any released claim in any future litigation with any Released Party, if any. Executive also agrees that he/she is fully releasing all claims for equitable, punitive or other relief, attorney’s fees, and other fees and costs incurred up to the date Executive signs this Agreement for any reason. e. Executive represents and warrants that: (i) he/she is the lawful owner of all claims released through this Agreement; (ii) he/she has the beneficial interest in the payments and other benefits that he/she will receive under this Agreement; (iii) he/she has not assigned, and will not assign, any interest in any claim released through this Agreement; (iv) he/she has not filed, and is not and has not been subject to a voluntary or involuntary bankruptcy petition in the past three (3) years; (v) he/she is not a debtor in any pending bankruptcy case; (vi) no factreceiver, eventbankruptcy trustee or other third party may assert a right to any claim released through this Agreement or the payments and benefits to be tendered or provided under the Employment Agreement. Executive agrees that the foregoing representations and warranties shall survive the execution, circumstanceperformance and consummation or termination of this Agreement. Executive also agrees that he/she will fully indemnify and hold the Released Parties harmless to the extent any of the foregoing representations and warranties is or becomes untrue for any claims or damages, evidenceincluding attorneys’ fees, fines, costs, liquidated damages and punitive damages, asserted or awarded against any of the Released Parties and, should it be determined that any bankruptcy trustee or other third party has a right to the payments and benefits provided to Executive under the Employment Agreement, Executive immediately will return to the Company an amount equivalent to the full after-tax value of any such payments or benefits. f. Executive warrants that he/she does not have any complaint pending before any federal, state or local court or arbitration panel concerning any Released Party. Executive further agrees not to file a lawsuit against any of the Released Parties in any federal, state or local court, or transaction which could now be assertedwith any arbitration panel, concerning any claim, demand, issue or cause of action released through this Agreement, except to the extent specifically excluded below in Section 2 below and its subparagraphs below. Should Executive file a lawsuit with any court or arbitration panel concerning any claim, demand, issue, or which may hereafter cause of action waived through this Agreement and not specifically excluded as described in Section 2 below and its subparagraphs below, Executive agrees that he/she will be discovered responsible to pay the legal fees and costs that the Released Parties incur defending that lawsuit. Further, Executive agrees that nothing in this Agreement shall affect limit the right of any court or arbitration panel to determine, in its sole discretion, that the Released Parties are entitled to restitution, recoupment or set off of any manner the final, absolute, and unconditional nature of monies paid to Executive should the release set forth aboveof any claims under this Agreement subsequently be found to be invalid.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the ObligorsBorrower and each Guarantor executing a Consent and Reaffirmation attached hereto, on behalf of themselves itself and each of their officersits successors and assigns, employees, and its present and former members, shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successorsdirectors, assignsofficers, anyone acting on their behalf attorneys, employees, agents, legal representatives and other legal representatives (collectively Borrower, each Guarantor and all such other Persons being hereinafter referred to hereinafter collectively as the “ReleasorsReleasing Parties” and individually as a “Releasing Party”), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge discharges Agent, each Lender Lender, and each of their respective successors and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents agents, legal representatives and other representatives (collectively Agent, Lenders and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any or all of the Releasors Releasing Party may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause cause, or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitationAmendment, for or on account of, or in relation to, or in any way in connection with any of this Amendment, the Credit Agreement, the other Loan Documents, any of the Mortgage Loan Documents or this Agreement any of the transactions hereunder or transactions thereunder or related theretothereunder. b. Obligors understand(b) Borrower and each Guarantor understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Borrower and each Guarantor agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the ObligorsBorrower and each Obligor, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their its successors and assigns, and their its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents agents, legal representatives and other representatives (collectively Borrower, each Obligor and all such other Persons being hereinafter referred to collectively as the “Releasees” "Releasing Parties" and individually as a “"Releasing Party"), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent, each Lender, and each of their respective successors and assigns, and their respective present and former shareholders, members, managers, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other representatives (Agent, Lenders and all such other Persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee”"), of and from any and all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “"Claim” " and collectively, “"Claims”") of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any Releasing Party or all any of the Releasors its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit this Agreement, the other Loan DocumentsAgreement, any of the Mortgage other Loan Documents or this Agreement any of the transactions hereunder or transactions thereunder thereunder. Releasing Parties hereby represent to the Releasees that they have not assigned or related theretotransferred any interest in any Claims against any Releasee prior to the date hereof. b. Obligors understand(b) Borrower and each Obligor understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Borrower and each Obligor agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall will affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Borrower and, by its execution of the ObligorsConsent and Reaffirmation, Parent and each Loan Party other than Borrower, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively Borrower, Parent, each Loan Party other than Borrower and all such other Persons being hereinafter referred to hereinafter collectively as the “"Releasors”" and individually as a "Releasor"), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges Agent and Lenders, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, each Lender and all such other Persons being hereinafter referred to collectively as the “"Releasees” " and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offsetoff, demands and liabilities whatsoever (individually, a “"Claim” " and collectively, “"Claims”") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, Amendment for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) Each Releasor understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Releasor agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth aboveabove (Signature page follows.)

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the ObligorsBorrower and each Obligor, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their its successors and assigns, and their its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents agents, legal representatives and other representatives (collectively Borrower, each Obligor and all such other Persons being hereinafter referred to collectively as the “Releasing Parties” and individually as a “Releasing Party”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent, each Lender, and each of their respective successors and assigns, and their respective present and former shareholders, members, managers, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other representatives (Agent, Lenders and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from any and all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any Releasing Party or all any of the Releasors its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit this Agreement, the other Loan DocumentsAgreement, any of the Mortgage other Loan Documents or this Agreement any of the transactions hereunder or transactions thereunder thereunder. Releasing Parties hereby represent to the Releasees that they have not assigned or related theretotransferred any interest in any Claims against any Releasee prior to the date hereof. b. Obligors understand(b) Borrower and each Obligor understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Borrower and each Obligor agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall will affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of the Administrative Agent and Lenders’ agreements the Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the ObligorsBorrower, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively each such Loan Party and all such other Persons being hereafter referred to hereinafter collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges the Administrative Agent and the Lenders, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents agents, other representatives, and any consultants engaged by the Administrative Agent and the Lenders or their counsel (the Administrative Agent and each Lender and all such other representatives (collectively Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, Amendment for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) Each Releasor understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Releasor agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. In consideration (a) Effective as of Agent’s and Lenders’ agreements contained herein and the Closing (but only if the Closing actually occurs), except for other good and valuable considerationany rights or obligations expressly set forth in this Agreement, the receipt other Transaction Documents or any Business Intercompany Contract that survives the Closing in accordance with the terms hereof and sufficiency of to which a Seller or a Retained Subsidiary is hereby acknowledgeda party after the Closing, the ObligorsBuyer, on behalf of themselves itself and each of its Affiliates (including the Acquired Entities) and each of its and their respective past, present and/or future officers, directors, employees, agents, general or limited partners, managers, members, advisors, stockholders, equity holders, controlling Persons or other Representatives, or any heir, executor, administrator, successor or assign of any of the foregoing (collectively, the “Buyer Releasing Parties”), hereby irrevocably and unconditionally (i) releases and forever discharges Seller, its Affiliates, and each of their respective past, present and/or future officers, directors, employees, agents, partners, principals, managers, members, advisors, stockholders, equity holders, controlling Persons or other representatives, or any heir, executor, administrator, successor or assign of any of the foregoing (collectively, the “Seller Released Parties”) of and from any and all legal proceedings, Actions, executions, judgments, duties, debts, dues, accounts, bonds, contracts and covenants (whether express or implied), and demands whatsoever, whether known or unknown, whether liquidated or unliquidated, whether actual or contingent, whether at law or in equity, whether in contract, tort, statute or otherwise, which the Buyer Releasing Parties have or may have against any of the Seller Released Parties, previously, now or in the future, in each case, in respect of any cause, matter or thing relating to this Agreement, the Transaction Documents, the Acquired Entities, the Business, the Purchased Assets, the Assumed Liabilities or any actions taken or failed to be taken by any of the Seller Released Parties in any capacity related thereto occurring or arising at or prior to the Closing Date, other than a claim by a Buyer Releasing Party that is a party hereto for Actual Fraud by a Seller Released Party that is a party hereto (the foregoing, the “Buyer Released Claims”), (ii) covenants and agrees that it shall not bring, initiate or support, directly or indirectly, or permit any other Person to bring, initiate or support, directly or indirectly, any Buyer Released Claim and (iii) waives any rights under California Civil Code Section 1542 or any similar provision of Applicable Law; said Section 1542 provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”. The Buyer Released Claims include claims for contribution or other rights of recovery arising out of or relating to any Environmental Law (whether now or hereinafter in effect), including the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601, et seq., or to any Hazardous Substances, claims for breach of contract, breach of representation or warranty, negligent misrepresentation and all other claims for breach of duty. (b) Effective as of the Closing (but only if the Closing actually occurs), except for any rights or obligations expressly set forth in this Agreement, the other Transaction Documents or any Business Intercompany Contract that survives the Closing in accordance with the terms hereof and to which Buyer, its Affiliate or a Acquired Entity is a party after the Closing, Seller, on behalf of itself and each of its Affiliates (including the Retained Subsidiaries) and each of its and their respective past, present and former shareholdersand/or future officers, attorneysdirectors, employees, agents, affiliatesgeneral or limited partners, subsidiariesmanagers, divisionsmembers, predecessorsadvisors, successorsstockholders, assignsequity holders, anyone acting on their behalf and controlling Persons or other legal representatives Representatives, or any heir, executor, administrator, successor or assign of any of the foregoing (collectively referred to hereinafter as collectively, the “ReleasorsSeller Releasing Parties”), hereby absolutely, irrevocably and unconditionally and irrevocably release, remise (i) releases and forever discharge Agent, each Lender discharges Buyer and their successors and assignsits Affiliates, and each of their respective past, present and former shareholders, affiliates, subsidiaries, divisions, predecessorsand/or future officers, directors, officersemployees, attorneysagents, partners, principals, managers, members, advisors, employeesstockholders, agents and equity holders, controlling Persons or other representatives representatives, or any heir, executor, administrator, successor or assign of any of the foregoing (collectively hereinafter referred to as collectively, the “Releasees” and individually as a “ReleaseeBuyer Released Parties”), ) of and from any and all demandslegal proceedings, actionsActions, causes of actionexecutions, suitsjudgments, covenantsduties, contractsdebts, controversies, agreements, promises, sums of moneydues, accounts, billsbonds, reckoningscontracts and covenants (whether express or implied), damages and any and all other claimsdemands whatsoever, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, whether known or unknown, suspected whether liquidated or unsuspectedunliquidated, both whether actual or contingent, whether at law and or in equity, whether in contract, tort, statute or otherwise, which the Seller Releasing Parties have or may have against any or all of the Releasors may Buyer Released Parties, previously, now or hereafter ownin the future, holdin each case, have in respect of any cause, matter or claim thing relating to have against this Agreement, the Releasees Transaction Documents, the Acquired Entities, the Business, the Purchased Assets, the Assumed Liabilities or any actions taken or failed to be taken by any of them for, upon, the Buyer Released Parties in any capacity related thereto occurring or by reason of any circumstance, action, cause or thing whatsoever which arises arising at any time on or prior to the day Closing Date, other than a claim by a Seller Releasing Party that is a party hereto for Actual Fraud by a Buyer Released Party that is a party hereto (the foregoing, the “Seller Released Claims”), (ii) covenants and date of this Agreementagrees that it shall not bring, includinginitiate or support, without limitation, for directly or on account ofindirectly, or permit any other Person to bring, initiate or support, directly or indirectly, Seller Released Claim and (iii) waives any rights under California Civil Code Section 1542 or any similar provision of Applicable Law; said Section 1542 provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”. The Seller Released Claims include claims for contribution or other rights of recovery arising out of or relating to any Environmental Law (whether now or hereinafter in relation toeffect), including the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601, et seq., or in to any way in connection with any of the Credit AgreementHazardous Substances, the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis claims for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions contract, breach of such releaserepresentation or warranty, negligent misrepresentation and all other claims for breach of duty. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the ObligorsBorrower, on behalf of themselves itself, and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf assigns and other legal representatives (collectively Borrower and all such other persons being hereinafter referred to hereinafter collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge discharges Agent, each Lender Lender, and their its successors and assigns, and their its present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, each Lender and all such other persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-set off, demands and liabilities whatsoever (individually, a an “Indemnified Claim” and collectively, “Indemnified Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitationAmendment, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, Agreement or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) It is the intention of Borrower that this Amendment and the release set forth above shall constitute a full and final accord and satisfaction of all claims that may have or hereafter be deemed to have against Releasees as set forth herein. In furtherance of this intention, acknowledge Borrower, on behalf of itself and agree each other Releasor, expressly waives any statutory or common law provision that would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor’s favor at the time of executing this Amendment and which, if known by Releasors, might have materially affected the agreement as provided for hereunder. Borrower, on behalf of itself and each other Releasor, acknowledges that it is familiar with Section 1542 of California Civil Code: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” (c) Borrower, on behalf of itself and each other Releasor, waives and releases any rights or benefits that they may have under Section 1542 to the full extent that they may lawfully waive such rights and benefits, and Borrower, on behalf of itself and each other Releasor, acknowledges that it understands the significance and consequences of the waiver of the provisions of Section 1542 and that it has been advised by counsel as to the significance and consequences of this waiver. (d) Borrower understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (e) Borrower agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of Administrative Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach Loan Party, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively each Loan Party and all such other Persons being hereafter referred to hereinafter collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges Administrative Agent and Lenders, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents agents, other representatives, and any consultants engaged by Administrative Agent and Lenders or their counsel (Administrative Agent and each Lender and all such other representatives (collectively Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, Amendment for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) Each Releasor understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Releasor agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of Administrative Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the Obligorseach Borrower and each Guarantor, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their its successors and assigns, and their its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents agents, legal representatives and other representatives (collectively each Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasees” "Releasing Parties" and individually as a “"Releasing Party"), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Administrative Agent, each Lender, and each of their respective successors and assigns, and their respective present and former shareholders, members, managers, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other representatives (Administrative Agent, Lenders and all such other Persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee”"), of and from any and all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offset‑off, demands and liabilities whatsoever (individually, a “"Claim” " and collectively, “"Claims”") of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any Releasing Party or all any of the Releasors its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of this Agreement, the Credit Agreement, any of the other Loan Documents, Documents or any of the Mortgage Documents transactions hereunder or this Agreement thereunder. Releasing Parties hereby represent to the Releasees that they have not assigned or transactions thereunder or related theretotransferred any interest in any Claims against any Releasee prior to the date hereof. b. Obligors understand(b) Each Borrower and each Guarantor understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Borrower and each Guarantor agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall will affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. In consideration of Agent’s (a) Effective on the date hereof, Bxxxxxxx, New Holdco and Lenders’ agreements contained herein each Guarantor, for itself and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessorsofficers, directors, officers, attorneys, advisors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby waives, releases, remises and forever discharges Agent and each Lender, each of their respective Affiliates, and each of their respective successors in title, past and present officers, directors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, shareholders, trustees, agents and other representatives professionals and all other persons and entities to whom any member of the Lenders would be liable if such persons or entities were found to be liable to Borrower or such Guarantor (collectively hereinafter referred to as each a “Releasee” and collectively, the “Releasees” and individually as a “Releasee”), of from any and from all past and present claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever criminal or civil statute or common law (individually, each a “Claim” and collectively, the “Claims”) of every name and nature), whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforeseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equity, which any Borrower or all such Guarantor ever had from the beginning of the Releasors may world, now has, or might hereafter own, hold, have or claim to have against the Releasees any such Releasee which relates, directly or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior indirectly to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, any other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Document, or to the lender-borrower relationship evidenced by the Loan Documents, any except for the duties and obligations set forth in this Amendment. As to each and every Claim released hereunder, Bxxxxxxx, New Holdco, and each Guarantor hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the Mortgage Documents provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” As to each and every Claim released hereunder, Bxxxxxxx, New Holdco and each Guarantor also waives the benefit of each other similar provision of applicable federal or state law (including without limitation the laws of the state of California), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. Borrower, New Holdco, and each Guarantor acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and agrees that this Agreement instrument shall be and remain effective in all respects notwithstanding any such differences or transactions thereunder or related thereto. b. Obligors understandadditional facts. Borrower, acknowledge New Holdco, and agree each Guarantor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact(b) Borrower, eventNew Holdco, circumstanceand each Guarantor, evidencefor itself and on behalf of its successors, assigns, and officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or transaction which could now be assertedclaiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by such Person pursuant to the above release. Borrower, New Holdco and each Guarantor further agrees that it shall not dispute the validity or enforceability of the Credit Agreement or any of the other Loan Documents or any of its obligations thereunder, or which the validity, priority, enforceability or the extent of Agent’s Lien on any item of Collateral under the Credit Agreement or the other Loan Documents. If Borrower, New Holdco, or any Guarantor, or any of their respective successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may hereafter be discovered shall affect in any manner the finalsustain as a result of such violation, absolute, all attorneys’ fees and unconditional nature costs incurred by such Releasee as a result of the release set forth abovesuch violation.

Release. a. In (a) Except with respect to the rights of Borrower, Parent, and each Grantor expressly provided herein, in consideration of Agent’s the agreements of Agent and Lenders’ agreements each Lender contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach of Borrower, Parent, and each Grantor, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf assigns and other legal representatives (collectively each of Borrower, Parent, and each Grantor and all such other persons being hereinafter referred to hereinafter collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges Agent and each Lender, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent and each Lender and all such other persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitationAmendment, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, Agreement or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) It is the intention of each of Borrower, acknowledge Parent, and agree each Grantor that this Amendment and the release set forth above shall constitute a full and final accord and satisfaction of all claims they may have or hereafter be deemed to have against Releasees as set forth herein. In furtherance of this intention, each of Borrower, Parent, and each Grantor, on behalf of itself and each other Releasor, expressly waives any statutory or common law provision that would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor’s favor at the time of executing this Amendment and which, if known by Releasors, might have materially affected the agreement as provided for hereunder. Each of Borrower, Parent, and each Grantor, on behalf of itself and each other Releasor, acknowledges that it is familiar with Section 1542 of California Civil Code: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Each of Borrower, Parent, and each Grantor, on behalf of itself and each other Releasor, waives and releases any rights or benefits that it may have under Section 1542 to the full extent that it may lawfully waive such rights and benefits, and each of Borrower, Parent, and each Grantor, on behalf of itself and each other Releasor, acknowledges that it understands the significance and consequences of the waiver of the provisions of Section 1542 and that it has been advised by its attorney as to the significance and consequences of this waiver. (c) Each of Borrower, Parent, and each Grantor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (d) Each of Borrower, Parent, and each Grantor agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach of Borrower and each Guarantor that executes a Consent and Reaffirmation to this Amendment, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively Borrower, each Guarantor and all such other Persons being hereinafter referred to hereinafter collectively as the “"Releasors”" and individually as a "Releasor"), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge discharges Agent, each Lender Issuing Bank and Lenders, and their successors and assigns, and their present and former shareholders, affiliatesAffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, Issuing Bank, each Lender and all such other Persons being hereinafter referred to collectively as the “"Releasees” " and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offset‑off, demands and liabilities whatsoever (individually, a “"Claim” " and collectively, “"Claims”") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AgreementAmendment, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with any of the Credit Agreement, or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) Each of Borrower and each Guarantor that executes a Consent and Reaffirmation to this Amendment understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each of Borrower and each Guarantor that executes a Consent and Reaffirmation to this Amendment agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. In consideration of Agent’s and Lenders’ agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, (a) Investor on behalf of themselves itself and each of their officers, employeesits past, present and former shareholders, attorneys, agents, affiliatesfuture heirs, subsidiaries, divisionsaffiliates or other entities, predecessorsexecutors, successorsadministrators, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, partners, employees, agents, attorneys, members, controlling persons, advisors, representatives or other entities controlled by them (hereinafter, collectively referred to as the “Investor Releasors”), and in consideration of the transactions contemplated by this Agreement, and other good and valuable consideration received from the Company, receipt whereof is hereby acknowledged, releases and discharges the Company and the Company’s past, present and future heirs, subsidiaries, affiliates or other entities, executors, administrators, successor and assigns, shareholders, directors, officers, partners, employees, agents and agents, attorneys, members, controlling persons, advisors, representatives or other representatives entities controlled by them (collectively collectively, hereinafter referred to as the “Company Releasees” ”) from any and individually as a “Releasee”), of and from all demands, actions, causes of and action, suits, covenantsdebts, contracts, controversies, agreements, promisesdues, sums of money, accounts, bills, reckonings, damages bonds, trespasses, damages, judgments, extents, executions, agreements, claims and any and all other claimsdemands whatsoever, counterclaimsin law, defensesadmiralty, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any against the Company Releasees the Investor Releasors ever had, now have or all hereafter can, shall or may have, from the beginning of the Releasors may now or hereafter ownworld to, holdand including, have or claim immediately prior to have against the Releasees or any of them forClosing, uponarising out of, based on, resulting from, with respect to or by reason of any circumstancethat certain litigation between the Investor and the Company, actionand claims which may have been asserted in such litigation, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, limitation any claims for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or legal fees related thereto. b. Obligors understand(b) The Company on behalf of itself and its past, acknowledge present and agree future heirs, subsidiaries, affiliates or other entities, executors, administrators, successors and assigns, shareholders, directors, officers, partners, employees, agents, attorneys, members, controlling persons, advisors, representatives or other entities controlled by them (hereinafter, collectively referred to as the “Company Releasors”), and in consideration of the transactions contemplated by this Agreement, and other good and valuable consideration received from the Company, receipt whereof is hereby acknowledged, releases and discharges the Investor and the Investor’s past, present and future heirs, subsidiaries, affiliates or other entities, executors, administrators, successor and assigns, shareholders, directors, officers, partners, employees, agents, attorneys, members, controlling persons, advisors, representatives or other entities controlled by them (collectively, hereinafter referred to as the “Investor Releasees”) from any and all actions, causes of and action, suits, debts, dues, sums of money, accounts, reckonings, bonds, trespasses, damages, judgments, extents, executions, agreements, claims and demands whatsoever, in law, admiralty, or equity, which against the Investor Releasees the Company Releasors ever had, now have or hereafter can, shall or may have, from the beginning of the world to, and including, immediately prior to the Closing, arising out of, based on, resulting from, with respect to or by reason of that certain litigation between the Investor and the Company, including claims which may have been asserted as counterclaims in such litigation, and including, without limitation any claims for legal fees related thereto. (c) This Section 7 shall not apply to the Transaction Documents, nor to the release set forth above may of any rights to indemnification related to potential or actual third party claims. In the event a Closing does not occur, then this Section 7 shall be pleaded as a full of no force and complete defense effect and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such releasevoid ab initio. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration of of, among other things, the Administrative Agent’s ’s, the Fronting Banks’ and the Lenders’ agreements contained herein execution and for other good and valuable considerationdelivery of this Amendment, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach Borrower, on behalf of themselves itself and each of their its agents, representatives, officers, directors, advisors, employees, present and former shareholders, attorneys, agentssubsidiaries, affiliates, subsidiariessuccessors and assigns (collectively, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutelyforever agrees and covenants not to sue or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, unconditionally releases and irrevocably releasedischarges, remise and forever discharge Agentto the fullest extent permitted by law, each Lender Releasee from any and their successors all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”recoupment), of and from all demands, actions, causes of action, suits, covenantsdebts, contractsliens, controversies, agreements, promises, sums of money, accounts, bills, reckoningswarranties, damages and any consequential damages, judgments, costs or expenses whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and all other claimskind, counterclaimswhether now existing or hereafter arising, defenses, rights of set-off, demands and liabilities whatsoever whether arising at law or in equity (individually, a “Claim” and collectively, the “Claims”) of every name and nature), known or unknown, suspected or unsuspected, both at law and in equity, which against any or all of the Releasors may now Credit Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or hereafter ownin part on facts existing on or before the Amendment Effective Date, holdthat relate to, have arise out of or claim otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith; or (ii) any aspect of the dealings or relationships between or among the Borrowers, on the one hand, and any or all of the Credit Parties, on the other hand, relating to have any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by any Borrower of any Advances or other financial accommodations made by any Credit Party after the date hereof shall constitute a ratification, adoption, and confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time in part on facts existing on or prior to the day and date of receipt of any such Advances or other financial accommodations. In entering into this AgreementAmendment, includingeach Borrower consulted with, without limitationand has been represented by, for legal counsel and expressly disclaims any reliance on any representations, acts or on account of, or in relation to, or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way in connection with on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 11 shall survive the termination of this Amendment, the Credit Agreement, the other Loan Documents, any Documents and payment in full of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.Advances. [REMAINDER OF XXXX INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW]

Release. a. 5.1 In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach of Parent and Borrower, on behalf of themselves itself, and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf assigns and other legal representatives (collectively Parent and Borrower and all such other persons being hereinafter referred to hereinafter collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge discharges Agent, each Lender Lender, and their its successors and assigns, and their its present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, each Lender and all such other persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-set off, demands and liabilities whatsoever (individually, a an “Indemnified Claim” and collectively, “Indemnified Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitationAmendment, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, Agreement or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge 5.2 It is the intention of Parent and agree Borrower that this Amendment and the release set forth above may be pleaded as shall constitute a full and complete defense final accord and satisfaction of all claims that may have or hereafter be used deemed to have against Releasees as a basis set forth herein. In furtherance of this intention, each of Parent and Borrower, on behalf of itself and each other Releasor, expressly waives any statutory or common law provision that would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor’s favor at the time of executing this Amendment and which, if known by Releasors, might have materially affected the agreement as provided for an injunction against hereunder. Each of Parent and Borrower, on behalf of itself and each other Releasor, acknowledges that it is familiar with Section 1542 of California Civil Code: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Each of Parent and Borrower, on behalf of itself and each other Releasor, waives and releases any actionrights or benefits that they may have under Section 1542 to the full extent that they may lawfully waive such rights and benefits, suit or and each of Parent and Borrower, on behalf of itself and each other proceeding which may be institutedReleasor, prosecuted or attempted in breach acknowledges that it understands the significance and consequences of the waiver of the provisions of such releaseSection 1542 and that it has been advised by counsel as to the significance and consequences of this waiver. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements each Lender contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the ObligorsBorrower and each Guarantor, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf assigns and other legal representatives (collectively Borrower and each Guarantor and all such other persons being hereinafter referred to hereinafter collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges Agent and each Lender, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent and each Lender and all such other persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, Agreement or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) It is the intention of Borrower and each Guarantor that this Agreement and the release set forth above shall constitute a full and final accord and satisfaction of all claims that may have or hereafter be deemed to have against Releasees as set forth herein. In furtherance of this intention, acknowledge Borrower and agree each Guarantor, on behalf of itself and each other Releasor, expressly waives any statutory or common law provision that would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor’s favor at the time of executing this Agreement and which, if known by Releasors, might have materially affected the agreement as provided for hereunder. Borrower, on behalf of itself and each other Releasor, acknowledges that it is familiar with Section 1542 of California Civil Code: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Borrower and each Guarantor, on behalf of itself and each other Releasor, waives and releases any rights or benefits that it may have under Section 1542 to the full extent that it may lawfully waive such rights and benefits, and Borrower and each Guarantor, on behalf of itself and each other Releasor, acknowledges that it understands the significance and consequences of the waiver of the provisions of Section 1542 and that it has been advised by its attorney as to the significance and consequences of this waiver. (c) Borrower and each Guarantor, understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (d) Borrower and each Guarantor, agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach of Borrower and each Guarantor that executes a Consent and Reaffirmation to this Amendment, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively Borrower, each Guarantor and all such other Persons being hereinafter referred to hereinafter collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge discharges Agent, each Lender and Lenders, and their successors and assigns, and their present and former shareholders, affiliatesAffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AgreementAmendment, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with any of the Credit Agreement, or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) Each of Borrower and each Guarantor that executes a Consent and Reaffirmation to this Amendment understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each of Borrower and each Guarantor that executes a Consent and Reaffirmation to this Amendment agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the Obligorseach Borrower and each Guarantor executing a Consent and Reaffirmation attached hereto, on behalf of themselves itself and each of their officersits successors and assigns, employees, and its present and former members, shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successorsdirectors, assignsofficers, anyone acting on their behalf attorneys, employees, agents, legal representatives and other legal representatives (collectively each Borrower, each Guarantor and all such other Persons being hereinafter referred to hereinafter collectively as the “ReleasorsReleasing Parties” and individually as a “Releasing Party”), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge discharges Agent, each Lender Lender, and each of their respective successors and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents agents, legal representatives and other representatives (collectively Agent, Lenders and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any Borrower or all any of the Releasors its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit this Agreement, the other Loan DocumentsAgreement, any of the Mortgage Loan Documents or this Agreement any of the transactions hereunder or transactions thereunder or related theretothereunder. b. Obligors understand(b) Each Borrower and each Guarantor understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Borrower and each Guarantor agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. 13.1 In consideration of Agent’s the agreements of Agent and Lenders’ agreements each Lender contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the ObligorsBorrower and each Guarantor, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf assigns and other legal representatives (collectively Borrower and each Guarantor and all such other persons being hereinafter referred to hereinafter collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges Agent and each Lender, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent and each Lender and all such other persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offset‑off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitationAmendment, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, Agreement or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand13.2 It is the intention of Borrower and each Guarantor that this Amendment and the release set forth above shall constitute a full and final accord and satisfaction of all claims that may have or hereafter be deemed to have against Releasees as set forth herein. In furtherance of this intention, acknowledge Borrower and agree each Guarantor, on behalf of itself and each other Releasor, expressly waives any statutory or common law provision that would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor’s favor at the time of executing this Amendment and which, if known by Releasors, might have materially affected the agreement as provided for hereunder. Each of Borrower, and each Guarantor, on behalf of itself and each other Releasor, acknowledges that it is familiar with Section 1542 of California Civil Code: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Borrower and each Guarantor, on behalf of itself and each other Releasor, waives and releases any rights or benefits that it may have under Section 1542 to the full extent that it may lawfully waive such rights and benefits, and each of Borrower and each Guarantor, on behalf of itself and each other Releasor, acknowledges that it understands the significance and consequences of the waiver of the provisions of Section 1542 and that it has been advised by its attorney as to the significance and consequences of this waiver. 13.3 Borrower and each Guarantor, understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree 13.4 Borrower and each Guarantor, agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. In Effective from and after the Closing Date, in consideration of Agent’s and Lenders’ the agreements of the Parties contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the ObligorsBorrower, on behalf of themselves itself and each of its subsidiaries and Affiliates and their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, respective successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agent, discharges each Participating Lender and their successors and assigns, and their its present and former shareholders, affiliatesdirect and indirect owners, partners, members, managers, consultants, Affiliates, direct and indirect subsidiaries, divisions, and each of their respective predecessors, current or former directors, officers, attorneys, advisors, financial advisors, principals, employees, agents agents, managed funds representatives and other representatives representatives, together with all such person’s predecessors, successors, heirs, executors and assigns, and all persons acting by, through, under or in concert with any of them, and their respective assets and properties (collectively each Participating Lender and all such other persons or entities being hereinafter referred to collectively as the “Participating Lender Releasees” and individually as a “Participating Lender Releasee”), ) of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, debts, liabilities, reckonings, damages and any and all other claims, counterclaims, defenses, recoupment, rights of set-offsetoff, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, whether known or unknown, contingent or mature, suspected or unsuspected, foreseen or unforeseen or liquidated or unliquidated, both at law and in equity, or upon contract or tort or under any state or federal law or otherwise (collectively, “Claims”) for or on account of, arising from or in relation to, or in any way in connection with the Existing Term Loan Credit Agreement, the Credit Documents (as defined in the existing Term Loan Credit Agreement), and the Exchange, which the Borrower or its subsidiaries or Affiliates, or any of their respective successors, assigns, or all of the Releasors other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees any Participating Lender Releasee, other than any obligation arising under or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior pursuant to the day and date of this Agreement, including, without limitation, for or on account ofthe Definitive Documents the Credit Documents (as defined in the Second Lien Credit Agreement), or in relation to, or in any way in connection with any other documentation providing for implementation of the Credit Agreement, the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related theretoExchange. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration of Agent’s From and Lenders’ agreements contained herein and for other good and valuable considerationafter the Company Merger Effective Time, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach Shareholder, on behalf of themselves itself and each of its officers, directors, equity holders, Subsidiaries and Affiliates, and each of their officersrespective heirs, employeesbeneficiaries, present trustees, executors, administrators, Representatives, successors and former shareholdersassigns (such persons, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutelyfully and unconditionally releases, unconditionally and irrevocably release, remise acquits and forever discharge Agentdischarges, each Lender to the fullest extent permitted by Law, Parent, its Subsidiaries and Affiliates (including the Company and its Subsidiaries) and its and their successors and assignsrespective past, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessorsor future officers, directors, officers, attorneys, advisors, employees, agents counsel and other representatives agents, and the stockholders prior to Closing (collectively hereinafter referred to as such persons, the “Releasees” and individually as a “Releasee”), of from and from against any and all demandsliabilities, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaimsdemands, defensesdamages, rights of set-offjudgments, demands debts, dues and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) suits of every name kind, nature and naturedescription whatsoever, whether known or unknown, asserted or unasserted, suspected or unsuspected, absolute or contingent, unmatured or inchoate, both at law and in equity, which Shareholders or any or all of the Releasors ever had, now has or may now or hereafter own, hold, have or claim to have against the Releasees or any of them forthe Releasees, upon, on or by reason of any circumstance, actionmatter, cause or thing whatsoever which arises at any time on or that arose prior to the day and date of this AgreementCompany Merger Effective Time; provided, includinghowever, without limitation, for or on account of, or in relation to, or in that nothing herein shall be deemed to release (a) any way in connection with any right of the Credit Agreement, the other Loan Documents, any of the Mortgage Documents or Shareholders expressly set forth in this Agreement or transactions thereunder or related thereto. b. Obligors understandthe right to receive the Merger Consideration to which it may be entitled pursuant to the Merger Agreement in accordance with the terms thereof, acknowledge and agree that the release (b) any right of any Releasors set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach Section 6.10 of the provisions of such releaseMerger Agreement, (c) any claims that any Releasor may have under the IRRA and (d) any claims that are not permitted to be released under applicable Law or applicable public policy. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration of Agent’s and Lenders’ the agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the Obligorseach Loan Party, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their its successors and assigns, and their its present and former shareholdersmembers, affiliates, subsidiariesemployees, divisionsagents, predecessorsofficers, directors, officersshareholders, attorneys, advisors, employees, agents legal representatives and other representatives (each, a "Releasing Party" and collectively, the "Releasing Parties"), does hereby remise, release and discharge, and shall be deemed to have forever remised, released and discharged each of the Lenders, and each Lender's respective successors and assigns, and past, present and future officers, directors, affiliates, shareholders, trustees, agents, employees, consultants, experts, advisors, attorneys and other professionals and all other persons and entities to whom any of the foregoing would be liable if such persons or entities were found to be liable to any Releasing Party, or any of them (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”"Released Parties"), of and from any and all demands, manner of action and actions, cause and causes of action, claims, demands, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offsetoff, demands and liabilities whatsoever (individuallyeach, a “"Claim” " and collectively, “the "Claims”") of every name kind and nature, whether in law, equity or otherwise, known or unknown, fixed or contingent, joint and/or several, secured or unsecured, liquidated or unliquidated, suspected or unsuspected, both at law and in equity, which any or all of the Releasors Releasing Party may now or hereafter own, hold, have or claim claims to have against the Releasees Released Parties, in their capacities as such under the Credit Agreement or any of them other Finance Documents, for, upon, or by reason of any circumstance, action, cause fact, event or thing whatsoever which arises omission or other matter occurring at or from any time on or prior to and including the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or Amendment Effective Date in any way in connection arising out of, connected with any of or relating to this Amendment, the Waiver and Forbearance Agreement, the Credit Agreement, any other Finance Document and the other Loan Documentstransactions contemplated thereby or hereunder; provided, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understandhowever, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no factReleased Party shall be released from any act or omission that constitutes gross negligence, event, circumstance, evidence, fraud or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth abovewilful misconduct.

Release. a. 4.1 In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach of Parent and Borrower, on behalf of themselves itself, and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf assigns and other legal representatives (collectively Parent and Borrower and all such other persons being hereinafter referred to hereinafter collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge discharges Agent, each Lender Lender, and their its successors and assigns, and their its present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, each Lender and all such other persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-set off, demands and liabilities whatsoever (individually, a an “Indemnified Claim” and collectively, “Indemnified Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitationAmendment, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, Agreement or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge 4.2 It is the intention of Parent and agree Borrower that this Amendment and the release set forth above may be pleaded as shall constitute a full and complete defense final accord and satisfaction of all claims that may have or hereafter be used deemed to have against Releasees as a basis set forth herein. In furtherance of this intention, each of Parent and Borrower, on behalf of itself and each other Releasor, expressly waives any statutory or common law provision that would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor’s favor at the time of executing this Amendment and which, if known by Releasors, might have materially affected the agreement as provided for an injunction against hereunder. Each of Parent and Borrower, on behalf of itself and each other Releasor, acknowledges that it is familiar with Section 1542 of California Civil Code: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Each of Parent and Borrower, on behalf of itself and each other Releasor, waives and releases any actionrights or benefits that they may have under Section 1542 to the full extent that they may lawfully waive such rights and benefits, suit or and each of Parent and Borrower, on behalf of itself and each other proceeding which may be institutedReleasor, prosecuted or attempted in breach acknowledges that it understands the significance and consequences of the waiver of the provisions of such releaseSection 1542 and that it has been advised by counsel as to the significance and consequences of this waiver. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the ObligorsBorrower, on behalf of themselves itself, and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf assigns and other legal representatives (collectively Borrower and all such other persons being hereinafter referred to hereinafter collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge discharges Agent, each Lender Lender, and their its successors and assigns, and their its present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, each Lender and all such other persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-set off, demands and liabilities whatsoever (individually, a an “Indemnified Claim” and collectively, “Indemnified Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitationAmendment, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, Agreement or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) It is the intention of Borrower that this Amendment and the release set forth above shall constitute a full and final accord and satisfaction of all claims that may have or hereafter be deemed to have against Releasees as set forth herein. In furtherance of this intention, acknowledge Borrower, on behalf of itself and agree each other Releasor, expressly waives any statutory or common law provision that would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor’s favor at the time of executing this Amendment and which, if known by Releasors, might have materially affected the agreement as provided for hereunder. Borrower, on behalf of itself and each other Releasor, acknowledges that it is familiar with Section 1542 of California Civil Code: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Borrower, on behalf of itself and each other Releasor, waives and releases any rights or benefits that they may have under Section 1542 to the full extent that they may lawfully waive such rights and benefits, and Borrower, on behalf of itself and each other Releasor, acknowledges that it understands the significance and consequences of the waiver of the provisions of Section 1542 and that it has been advised by counsel as to the significance and consequences of this waiver. (c) Borrower understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (d) Borrower agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s and Lenders’ the agreements of the Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach Borrower, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges each of the Lenders, each Lender and their its successors and assigns, and their present its direct and former shareholdersindirect owners, partners, members, managers, consultants, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives representatives, and all persons acting by, through, under or in concert with any of them (collectively the Lenders and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), ) of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, recoupment, rights of set-offsetoff, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, contingent or mature, suspected or unsuspected, both at law and in equity, which any Borrower or all any of the Releasors its respective successors, affiliates, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AgreementAmendment, including, without limitation, for or on account of, or in relation to, or in any way in connection with this Amendment or any of the Credit Agreement, other Note Documents (as defined in the other Loan Documents, any of MSD Secured Note and the Mortgage Documents or this Agreement GA Secured Note) or transactions thereunder or related thereto. b. Obligors understand(b) Each Borrower understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Borrower agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above. (d) In entering into this Amendment, each Borrower has consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the release set forth above does not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The release set forth herein shall survive the termination of this Amendment and the Note Documents and the payment in full of the Obligations (Note Documents and Obligations, each as defined in the MSD Secured Note and the GA Secured Note). (e) Each Borrower acknowledges and agrees that the release set forth above may not be changed, amended, waived, discharged or terminated orally.

Release. a. (i) In consideration of Agent’s and Lenders’ the agreements of the Lender contained herein herein, and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the Obligorseach Borrower, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “ReleasorsReleasing Parties,” and each, a “Releasing Party”), hereby absolutely, unconditionally unconditionally, and irrevocably releasereleases, remise remises, and forever discharge Agent, each discharges the Lender and their successors and assigns, and their its present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents agents, and other representatives representatives, and its successors and assigns (collectively hereinafter referred to as the “ReleaseesReleased Parties,” and individually as each, a “ReleaseeReleased Party”), ) of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages damages, and any and all other claims, counterclaims, defenses, rights of set-set off, demands demands, and liabilities whatsoever (each, individually, a “Claim,” and collectively, “Claims”) of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any or all of the Releasors such Releasing Party may now or hereafter own, hold, have have, or claim to have against the Releasees or any of them Released Party for, upon, or by reason of any circumstance, action, cause cause, or thing whatsoever which arises at any time on or prior to the day and date of this AgreementEffective Date, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit this Agreement, the other Loan DocumentsTransaction Documents (including the Security Agreement), any of the Mortgage Documents or this Agreement or transactions thereunder hereunder or related theretothereunder. b. Obligors understand(ii) Each Releasing Party understands, acknowledge acknowledges, confirms, and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit suit, or other proceeding which may be instituted, prosecuted prosecuted, or attempted in breach of the provisions of such release. c. Obligors agree (iii) Each Releasing Party agrees that no fact, event, circumstance, evidence, or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect affect, in any manner manner, the final, absolute, and unconditional nature of the release set forth above. (iv) Each Releasing Party covenants and agrees never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against any Released Party by reason of or in connection with any of the Claims.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Borrower and, by its execution of the ObligorsConsent and Reaffirmation, Parent and each Loan Party other than Borrower, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively Borrower, Parent, each Loan Party other than Borrower and all such other Persons being hereinafter referred to hereinafter collectively as the “"Releasors”" and individually as a "Releasor"), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges Agent and Lenders, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, each Lender and all such other Persons being hereinafter referred to collectively as the “"Releasees” " and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offset‑off, demands and liabilities whatsoever (individually, a “"Claim” " and collectively, “"Claims”") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, Amendment for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) Each Releasor understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Releasor agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above. (Signature page follows.)

Release. a. In consideration of Agent’s (a) Effective on the date hereof, each Borrower and Lenders’ agreements contained herein each Guarantor, for itself and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessorsofficers, directors, officers, attorneys, advisors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby waives, releases, remises and forever discharges Agent and each Lender, each of their respective Affiliates, and each of their respective successors in title, past, present and future officers, directors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, shareholders, trustees, agents and other representatives professionals and all other persons and entities to whom any member of the Lenders would be liable if such persons or entities were found to be liable to such Borrower or such Guarantor (collectively hereinafter referred to as each a “Releasee” and collectively, the “Releasees” and individually as a “Releasee”), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever criminal or civil statute or common law (individually, each a “Claim” and collectively, the “Claims”) of every name and nature), whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforeseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equity, which any such Borrower or all such Guarantor ever had from the beginning of the Releasors may world, now has, or might hereafter own, hold, have or claim to have against the Releasees any such Releasee which relates, directly or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior indirectly to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, any other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Document, or to the lender-borrower relationship evidenced by the Loan Documents, any except for the duties and obligations set forth in this Amendment. As to each and every Claim released hereunder, each Borrower and each Guarantor hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the Mortgage Documents provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” As to each and every Claim released hereunder, each Borrower and each Guarantor also waives the benefit of each other similar provision of applicable federal or state law (including without limitation the laws of the state of New York), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. Each Borrower and each Guarantor acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and agrees that this Agreement instrument shall be and remain effective in all respects notwithstanding any such differences or transactions thereunder or related thereto. b. Obligors understandadditional facts. Each Borrower and each Guarantor understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact(b) Each Borrower and each Guarantor, eventfor itself and on behalf of its successors, circumstanceassigns, evidenceand officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or transaction which could now be assertedclaiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not xxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by such Person pursuant to the above release. Each Borrower and each Guarantor further agrees that it shall not dispute the validity or enforceability of the Credit Agreement or any of the other Loan Documents or any of its obligations thereunder, or which the validity, priority, enforceability or the extent of Agent’s Lien on any item of Collateral under the Credit Agreement or the other Loan Documents. If any Borrower, any Guarantor, or any of their respective successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may hereafter be discovered shall affect in any manner the finalsustain as a result of such violation, absolute, all attorneys’ fees and unconditional nature costs incurred by such Releasee as a result of the release set forth abovesuch violation.

Release. a. (i) In consideration of Agent’s the agreements of Agent and Lenders contained herein, and the continued making of the loans, advances and other accommodations by Lenders (or Agent on behalf of Lenders’ agreements contained herein ) to Borrowers pursuant to this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the ObligorsParent, each Borrower and each Guarantor, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby hereby, jointly and severally, absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge discharges Agent, each member of the Lender and their successors and assignsGroup, and their its present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives and their respective successors and assigns (collectively Agent, Lender and all such other parties being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which each of Parent, any Borrower or all any Guarantor, or any of the Releasors its successors, assigns, or other legal representatives and their respective successors and assigns may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, actionnature, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit AgreementAgreement through the date hereof, and the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(ii) Parent, acknowledge each Borrower and agree each Guarantor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (iii) Parent, each Borrower and each Guarantor agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, final and unconditional nature of the release set forth above. (iv) Parent, each Borrower and each Guarantor represent and warrant that each such Person is the sole and lawful owner of all right, title and interest in and to all of the claims released hereby and each such Person has not heretofore voluntarily, by operation of law or otherwise, assigned or transferred or purported to assign or transfer to any person any such claim or any portion thereof. (v) Nothing contained herein shall constitute an admission of liability with respect to any Claim on the part of any Releasee.

Release. a. In consideration of Agent’s Purchaser on its own behalf, and Lenders’ agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves and each all of their officersits assigns, employeespast, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, future directors, officers, attorneys, advisorsmembers, employees, agents affiliates, shareholders, predecessors or successors, parent companies, wholly or partially owned direct or indirect subsidiaries and any other representatives person or company directly or indirectly controlling, controlled by or under direct or indirect common control with Purchaser, hereby releases and discharges Seller and all of its heirs, attorneys, assigns, past, present and future directors, officers, members, employees, affiliates, shareholders, predecessors or successors, parent companies, wholly or partially owned direct or indirect subsidiaries and any other person or company directly or indirectly controlling, controlled by or under direct or indirect common control with Seller (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”collectively, Seller Affiliates), of and from all demandsthose claims, actions, complaints, causes of action, demands or suits, covenantsat law or in equity, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all or other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and natureliabilities, known or unknown, suspected including, but not limited to, any claims that were asserted, or unsuspectedcould have been asserted, both at law and in equityagainst Seller or any Seller Affiliates, which any or all of the Releasors may now or hereafter own, hold, have or claim to have against the Releasees or that any of them forhas had, uponnow has, or hereafter can, shall or may have concerning (i) the representations and warranties made to Purchaser in the First Amended SPA, (ii) disclosure (or any omission thereof) made by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way Seller in connection with any the First Amended SPA and the transactions contemplated therein, or (iii) liabilities of the Credit Agreement, Company or its Subsidiaries (whenever arising) that became known or came to Purchaser’s attention after the other Loan Documents, any date of the Mortgage Documents SPA. Purchaser hereby waives any claim that any prior act or this Agreement omission by Seller gives rise to any right for Purchaser to rescind or transactions thereunder or related theretoterminate the First Amended SPA. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration of Agent’s and Lenders’ agreements contained herein the benefits received by the Company pursuant to this amendment, and for other good and valuable considerationconsideration (the receipt, the receipt adequacy and sufficiency of which is are hereby acknowledged), effective on the date of this amendment, the ObligorsCompany, on behalf of themselves itself and its agents, representatives, officers, directors, advisors, employees, Subsidiaries, affiliates, successors and assigns (collectively, “Releasors”), hereby forever waives, releases and discharges each the Trustee, the Collateral Agent, the Holder, and each of their respective officers, directors, partners, general partners, limited partners, managing directors, members, stockholders, trustees, shareholders, representatives, employees, present and former shareholders, attorneysprincipals, agents, affiliatesparents, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other beneficiaries, heirs, executors, personal or legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agentattorneys of any of them, each Lender and in their successors and assignscapacities as such, and their present and former shareholders(collectively, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”), of and from any and all demands, actionsclaims, causes of action, suits, covenantsobligations, contractsdemands, controversiesdebts, agreements, promises, sums liabilities, controversies, costs, damages, expenses and fees whatsoever, whether arising from any act, failure to act, omission, misrepresentation, fact, event, transaction or other cause, and whether based on any federal, state, local or foreign law or right of moneyaction, accountsat law or in equity or otherwise, billsforeseen or unforeseen, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and naturematured or unmatured, known or unknown, suspected accrued or unsuspected, both at law and in equitynot accrued, which any Releasor now has, has ever had or may hereafter have against any Releasee arising contemporaneously with or prior to the date of this amendment or on account of or arising out of any matter, cause, circumstance or event occurring contemporaneously with or prior to the date of this amendment that relate to, arise out of, or otherwise are in connection with any or all of the Releasors may now Transaction Documents or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreementtransactions contemplated thereby (collectively, the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto“Released Claims”). b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration of Agent’s and Lenders’ agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves The Borrowers and each of their officersthe Guarantors hereby acknowledges and confirms that (i) it does not have any grounds, employeesand hereby agrees not to challenge (or to allege or to pursue any matter, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”cause or claim arising under or with respect to), in any case based upon acts or omissions of any of the Agents or Lenders occurring prior to the date hereof or facts otherwise known to it as of the date hereof, the effectiveness, genuineness, validity, collectibility or enforceability of the Loan Agreement or any of the other Loan Documents, the Obligations, the Liens securing such Obligations, or any of the terms or conditions of any Loan Document (it being understood that such acknowledgement and confirmation does not preclude the Borrowers or the Guarantors from challenging the Agents' or any Bank's interpretation of any term or provision of the Loan Agreement or other Loan Document) and (ii) it does not possess (and hereby absolutelyforever waives, unconditionally remises, releases, discharges and irrevocably releaseholds harmless the Agents, remise and forever discharge Agent, each Lender and their successors and assignsthe Lenders, and their present and former shareholders, respective affiliates, subsidiaries, divisions, predecessorsstockholders, directors, officers, employees, attorneys, advisors, employees, agents and other representatives and each of their respective heirs, executors, administrators, successors and assigns (collectively hereinafter referred collectively, the "Indemnified Parties") from and against, and agrees not to as the “Releasees” and individually as a “Releasee”)allege or pursue) any action, of and from all demands, actions, causes cause of action, suitssuit, covenantsdebt, contractsclaim, controversiescounterclaim, agreementscross-claim, promisesdemand, sums defense, offset, opposition, demand and other right of moneyaction whatsoever, accountswhether in law, billsequity or otherwise (which it, reckoningsall those claiming by, damages through or under it, or its successors or assigns, have or may have) against the Indemnified Parties, or any of them, by reason of, any matter, cause or thing whatsoever, with respect to events or omissions occurring or arising on or prior to the date hereof and relating to the Loan Agreement or any and all of the other claimsLoan Documents (including, counterclaimswithout limitation, defenseswith respect to the payment, rights performance, validity or enforceability of set-offthe Obligations, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known the Liens securing the Obligations or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors may now terms or hereafter own, hold, have or claim to have against the Releasees conditions of any Loan Document) or any of them fortransaction relating thereto; provided, uponhowever, that no Borrower nor Guarantor hereby releases or holds harmless any Indemnified Party for actions or omissions by any such Indemnified Party constituting, or by reason of any circumstance, action, cause losses or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreementexpenses directly resulting from, the other Loan Documents, any of the Mortgage Documents gross negligence or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions willful misconduct of such releaseIndemnified Party as determined by a final judgment of a court of competent jurisdiction. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration of, among other things, the Investor's execution and delivery of Agent’s this Agreement and Lenders’ agreements contained herein consideration of the Investor's entry into the Transaction Documents, and for other good and valuable consideration, consideration the receipt and sufficiency of which is hereby acknowledgedacknowledged by the Company, the ObligorsCompany, on behalf of themselves and each of their officersitself, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, its predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors and assigns, Subsidiaries and their present and former shareholdersaffiliates (collectively, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”"Releasors"), hereby forever (i) agrees and covenants not to xxx or prosecute against any Releasee (as defined below) and (ii) conclusively, absolutely, unconditionally, irrevocably and forever releases, waives, and discharges to the fullest extent permitted by law, each Releasee from, any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and from all demandsrecoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, obligations, warranties, liabilities, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, contracts, controversies, agreementsvariances, promisestrespasses, sums of moneyjudgments, accountsexecutions, billscosts, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities expenses or claims whatsoever (individually, a “Claim” and collectively, “the "Claims”) "), of every name whatsoever nature and naturekind, whether known or unknown, suspected or unsuspected, both whether arising at law and or in equity, which that such Releasor has against the Investor or would have been legally entitled to assert (whether individually or collectively) in any capacity against its affiliates, shareholders and "controlling persons" (within the meaning of the federal securities laws), and their respective predecessors, successors and assigns and each and all of the officers, directors, employees, and agents, attorneys, advisors, auditors, consultants and other representatives of each of the foregoing (collectively, the "Releasees"), based in whole or in part on facts whether or not now known, from the beginning of time through and including the date of this Agreement, that relate to, arise out of or otherwise are in connection with any or all of the Releasors may now or hereafter ownInvestor's Notes, holdthe Investor's Existing Notes, have or claim to have against the Releasees or Security Documents, the other Transaction Documents and any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or other agreement entered into prior to the day date hereof between the Releasor and date of this Agreementthe Releasee (collectively, including, without limitation, for or on account ofthe "Released Documents"), or in relation to, any transactions contemplated thereby or in any way acts or omissions in connection with therewith; provided, however, that the foregoing shall not release the Releasee from its express obligations under any of the Credit Agreement, the other Loan Released Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s and Lenders’ the agreements of Lender Group contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the Obligorseach Borrower, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agent, discharges each Agent and each Lender and their respective successors and assigns, and their present and former shareholders, its affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively each Lender, each Agent and all such other Persons being hereinafter referred to collectively as the “"Releasees” ," and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “"Claim” ," and collectively, “"Claims”") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Borrower or all any of the Releasors its successors, assigns, or other legal representatives, may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, Agreement for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, as amended hereby, the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) Each Borrower understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Borrower agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above. (d) Each Borrower, on behalf of itself and its respective successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not xxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by the Borrower pursuant to Section 10(a) of this Agreement. If any Borrower, or its respective successors, assigns, or other legal representatives violates the foregoing covenant, each Borrower, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys' fees and costs incurred by any Releasee as a result of such violation.

Release. a. In consideration of Agent’s and Lenders’ agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their respective successors and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offoff or recoupment, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above. d. Obligors represent, warrant and agree that no Claim has been assigned or transferred to any third party that, but for such assignment or transfer, would otherwise have been subject to the release in this Section 10.

Release. a. (a) In consideration of Agent’s the promises and Lenders’ agreements contained herein and for other good and valuable considerationset forth in this Agreement, as of the receipt and sufficiency closing date of which is hereby acknowledgedthe transaction (“Closing Date”), the ObligorsAshford, on behalf of themselves itself and each of their its present, former or future officers, directors, agents (alleged or otherwise), employees, present and former shareholdersrepresentatives, consultants, accountants, attorneys, agents, affiliatesparents, subsidiaries, divisionsaffiliated entities, predecessors, successors, assignsand assigns (collectively, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Ashford Releasors”), does hereby absolutely, unconditionally completely and irrevocably release, remise release and forever discharge AgentXxxxx, and each Lender of its respective current and their successors former parents, subsidiaries, and assignsaffiliated entities, and their present respective current and former officers, directors, shareholders, affiliatesagents, subsidiariesemployees, divisionsrepresentatives, consultants, accountants, attorneys, insurers, reinsurers, predecessors, directorssuccessors, officersand assigns (collectively, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Xxxxx Releasees” and individually as a “Releasee”), from any and all claims and rights (including, without limitation, rights of set-off and from all recoupment, demands, charges, complaints, actions, obligations, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums or liabilities of money, accounts, bills, reckonings, damages and any and all other claimsevery kind, counterclaimsnature and character, defensesknown and unknown) that the Ashford Releasors possess or possessed, assert, asserted, or could or may have asserted, from the beginning of the world to the date of this Agreement (including, without limitation, rights of set-offoff and recoupment, demands demands, charges, complaints, actions, obligations, causes of action, or liabilities of any and liabilities whatsoever (individuallyevery kind, a “Claim” nature and collectively, “Claims”) of every name and naturecharacter, known and unknown), arising out of or unknownrelated to or in connection with the Ashford Releasors’ interest, suspected whenever acquired, in Extended Stay, Inc. and certain of its affiliates and the financings that were originated in connection with the acquisition thereof in 2007 and/or arising out of or unsuspected, both at law and related to or in equity, which any or all connection with the subject matter of the Releasors may now or hereafter own, hold, have or claim Action; provided that nothing herein shall prevent Ashford from bringing suit to have against enforce the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date terms of this Agreement. (b) In consideration of the promises and agreements set forth in this Agreement, as of the Closing Date, Xxxxx, on behalf of itself and its present, former or future officers, directors, agents (alleged or otherwise), employees, representatives, consultants, accountants, attorneys, parents, subsidiaries, affiliated entities, predecessors, successors, and assigns (collectively, the “Xxxxx Releasors”), does hereby completely and irrevocably release and forever discharge Ashford, and each of its respective current and former parents, subsidiaries, and affiliated entities, and their respective current and former officers, directors, shareholders, agents, employees, representatives, consultants, accountants, attorneys, insurers, reinsurers, predecessors, successors, and assigns (collectively, the “Ashford Releasees”), from any and all claims and rights (including, without limitation, for or on account ofrights of set-off and recoupment, demands, charges, complaints, actions, obligations, causes of action, or liabilities of any and every kind, nature and character, known and unknown) that the Xxxxx Releasors possess or [***] = Indicates confidential information has been redacted. possessed, assert, asserted, or could or may have asserted, from the beginning of the world to the date of this Agreement (including, without limitation, rights of set-off and recoupment, demands, charges, complaints, actions, obligations, causes of action, or liabilities of any and every kind, nature and character, known and unknown), arising out of or related to the subject matter of the Action; provided that nothing herein shall prevent Xxxxx from bringing suit to enforce the terms of this Agreement. (c) The Parties hereby acknowledge that the releases provided in relation tothis Agreement shall apply to all claims and rights released hereby, whether known or unknown, anticipated or unanticipated, or suspected or unsuspected, notwithstanding the fact that a Party may later discover facts in addition to or different from those which that Party now believes to be true. (d) Each Party agrees to indemnify, defend and hold the other Party harmless from and against any and all liabilities, claims, demands, losses, damages, costs and expenses (including, without limitation, legal fees and disbursements, and litigation expenses), actions and causes of action, arising out of or relating to a breach by the other Party of any provision of this Agreement (including, without limitation, this Paragraph 2), or the incorrectness or inaccuracy of any representation and warranty of such Party contained in this Agreement or in any way document or agreement delivered in connection with any of the Credit this Agreement, the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration of of, among other things, the Administrative Agent’s ’s, the Fronting Banks’ and the Lenders’ agreements contained herein execution and for other good and valuable considerationdelivery of this Amendment, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach Borrower, on behalf of themselves itself and each of their its agents, representatives, officers, directors, advisors, employees, present and former shareholders, attorneys, agentssubsidiaries, affiliates, subsidiariessuccessors and assigns (collectively, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutelyforever agrees and covenants not to sue or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, unconditionally releases and irrevocably releasedischarges, remise and forever discharge Agentto the fullest extent permitted by law, each Lender Releasee from any and their successors all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”recoupment), of and from all demands, actions, causes of action, suits, covenantsdebts, contractsliens, controversies, agreements, promises, sums of money, accounts, bills, reckoningswarranties, damages and any consequential damages, judgments, costs or expenses whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and all other claimskind, counterclaimswhether now existing or hereafter arising, defenses, rights of set-off, demands and liabilities whatsoever whether arising at law or in equity (individually, a “Claim” and collectively, the “Claims”) of every name and nature), known or unknown, suspected or unsuspected, both at law and in equity, which against any or all of the Releasors may now Credit Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or hereafter ownin part on facts existing on or before the Amendment Effective Date, holdthat relate to, have arise out of or claim otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith; or (ii) any aspect of the dealings or relationships between or among the Borrowers, on the one hand, and any or all of the Credit Parties, on the other hand, relating to have any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by any Borrower of any Advances or other financial accommodations made by any Credit Party after the date hereof shall constitute a ratification, adoption, and confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time in part on facts existing on or prior to the day and date of receipt of any such Advances or other financial accommodations. In entering into this AgreementAmendment, includingeach Borrower consulted with, without limitationand has been represented by, for legal counsel and expressly disclaims any reliance on any representations, acts or on account of, or in relation to, or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way in connection with on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 11 shall survive the termination of this Amendment, the Credit Agreement, the other Loan Documents, any Documents and payment in full of the Mortgage Documents or this Agreement or transactions thereunder or related theretoAdvances. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Borrower and Wasabi (by executing the ObligorsConfirmation attached hereto), on behalf of themselves and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender Agent and Lenders and their respective successors and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, the agents and other representatives (collectively Agent and Lenders, and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which Borrower or Wasabi or any of their respective successors, assigns, or all of the Releasors other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitationAmendment, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, the other Loan Documents, any of the Mortgage Documents or this Agreement Amendment or transactions thereunder or related thereto. b. Obligors understand(b) Each of Borrower and Wasabi (by executing the Confirmation attached hereto) understands, acknowledge acknowledges and agree agrees that the its release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each of Borrower and Wasabi (by executing the Confirmation attached hereto) agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. In consideration of of, among other things, the Administrative Agent’s ’s, the Fronting Banks’ and the Lenders’ agreements contained herein execution and for other good and valuable considerationdelivery of this Amendment, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach Borrower, on behalf of themselves itself and each of their its agents, representatives, officers, directors, advisors, employees, present and former shareholders, attorneys, agentssubsidiaries, affiliates, subsidiariessuccessors and assigns (collectively, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutelyforever agrees and covenants not to xxx or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, unconditionally releases and irrevocably releasedischarges, remise and forever discharge Agentto the fullest extent permitted by law, each Lender Releasee from any and their successors all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”recoupment), of and from all demands, actions, causes of action, suits, covenantsdebts, contractsliens, controversies, agreements, promises, sums of money, accounts, bills, reckoningswarranties, damages and any consequential damages, judgments, costs or expenses whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and all other claimskind, counterclaimswhether now existing or hereafter arising, defenses, rights of set-off, demands and liabilities whatsoever whether arising at law or in equity (individually, a “Claim” and collectively, the “Claims”) of every name and nature), known or unknown, suspected or unsuspected, both at law and in equity, which against any or all of the Releasors may now Credit Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or hereafter ownin part on facts existing on or before the Amendment Effective Date, holdthat relate to, have arise out of or claim otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith; or (ii) any aspect of the dealings or relationships between or among the Borrowers, on the one hand, and any or all of the Credit Parties, on the other hand, relating to have any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by any Borrower of any Advances or other financial accommodations made by any Credit Party after the date hereof shall constitute a ratification, adoption, and confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time in part on facts existing on or prior to the day and date of receipt of any such Advances or other financial accommodations. In entering into this AgreementAmendment, includingeach Borrower consulted with, without limitationand has been represented by, for legal counsel and expressly disclaims any reliance on any representations, acts or on account of, or in relation to, or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way in connection with on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 11 shall survive the termination of this Amendment, the Credit Agreement, the other Loan Documents, any Documents and payment in full of the Mortgage Documents or this Agreement or transactions thereunder or related theretoAdvances. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s and Lenders’ the agreements of the holders of Securities contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach Credit Party, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges each holder of Securities, each Lender and their its successors and assigns, and their its present and former shareholders, partners, members, managers, consultants, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives representatives, and all persons acting by, through, under or in concert with any of them (collectively each holder of Securities and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), ) of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, recoupment, rights of set-offsetoff, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, contingent or mature, suspected or unsuspected, both at law and in equity, which any Credit Party or all any of the Releasors its respective successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AgreementAmendment, including, without limitation, for or on account of, or in relation to, or in any way in connection with the Securities Purchase Agreement, or any of the Credit Agreement, the other Loan Documents, any of the Mortgage Transaction Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) Each Credit Party understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Credit Party agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above. (d) In entering into this Amendment, each Credit Party has consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the release set forth above does not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 7 shall survive the termination of this Amendment and the other Transaction Documents and the payment in full of the Notes. (e) Each Credit Party acknowledges and agrees that the release set forth above may not be changed, amended, waived, discharged or terminated orally.

Release. a. The matters set forth in this Amendment Agreement have been agreed to by the undersigned Holders as an accommodation to the Company. In consideration of Agent’s such accommodation, and Lenders’ agreements contained herein acknowledging that the Holders will be specifically relying on the following provisions as a material inducement in entering into this Amendment Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the ObligorsCompany, on behalf of themselves itself and each of their officersits Subsidiaries and Affiliates, employeesand all of the successors and assigns of each of the foregoing (collectively, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutelycompletely, voluntarily, knowingly, unconditionally and irrevocably release, remise releases and forever discharge Agent, US.128168670.01 discharges each Lender of the Holders and their successors and assignsrespective agents, and their present and former shareholderspartners, affiliatesservants, subsidiaries, divisions, predecessorsemployees, directors, officers, attorneys, accountants, consultants, advisors, employeesprofessionals, agents principals, trustees, representatives, receivers, trustees, affiliates, subsidiaries and other representatives shareholders, each affiliate of the foregoing and all of their respective predecessors, successors and assigns (collectively hereinafter referred to as collectively, the “Releasees” and individually as a “Releasee”), of from any and from all demandsclaims, actions, suits, damages, losses, obligations, remedies, causes of action, suitsand other liabilities, covenantsincluding, contractswithout limitation, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of setso-off, demands and liabilities whatsoever called “lender liability” claims or defenses (individually, a “Claim” and collectively, “Claims”) of every name ), whether arising in contract or in tort and naturewhether at law or in equity, whether known or unknown, suspected or unsuspectedclaimed, both at law and in equitymatured or contingent, liquidated or unliquidated, which any or all of the Releasors ever had, now has or hereinafter can, shall or may now or hereafter own, hold, have or claim to have against any of the Releasees or any of them for, upon, upon or by reason of any circumstance, actionmatter, cause or thing whatsoever which arises at any time that shall have occurred on or prior to the day and date of this Amendment Agreement, includingin any way concerning, without limitation, for or on account of, or in relation relating to, or in any way in connection with any of arising from (a) the Credit Note Purchase Agreement, the other Loan DocumentsNotes, any of the Mortgage Documents other agreements, documents, or instruments executed and delivered in connection therewith, or any of the obligations thereunder, (b) the financial condition, business operations, business plans, prospects or creditworthiness of the Company and its Subsidiaries, and/or (c) the negotiation, documentation and execution of this Amendment Agreement and any documents relating hereto. This release shall be and remain in full force and effect notwithstanding the discovery by any Releasor after the date hereof (w) of any new or transactions thereunder additional claim against any Releasee, (x) of any new or related thereto. b. Obligors understandadditional facts in any way relating to the subject matter of this release, acknowledge (y) that any fact relied upon by it was incorrect or (z) that any representation made by any Releasee was untrue. The Company, on behalf of itself and agree the other Releasors, acknowledges and agrees that this release is intended to, and does, fully, finally and forever release all matters described in this Section 4.8, notwithstanding the existence or discovery of any such new or additional Claims or facts, incorrect facts, misunderstanding of law or misrepresentation. The Company, on behalf of itself and the other Releasors, covenants and agrees not to, commence, voluntarily aid in any way, prosecute or cause to be commenced or prosecuted against any of the Releasees any action or other proceeding based upon any of the Claims released hereby. Notwithstanding the foregoing, in no event shall the foregoing be interpreted, construed or otherwise deemed as an admission or suggestion by the Holders of any wrongdoing or liability owed to the Company or any other Person. The Company, on behalf of itself and the other Releasors, understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree . The Company, on behalf of itself and the other Releasors, hereby acknowledges that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature they collectively have been advised by legal counsel of the release set forth above.meaning and consequences of this release. US.128168670.01

Release. a. In consideration of Agent’s and Lenders’ agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, the other Loan Documents, any of the Mortgage Documents Mortgages or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration of Agent’s the payments and Lenders’ agreements contained herein benefits to be made under the Employment Agreement, dated as of June ___, 2013 (the “Employment Agreement”), by and for other good between Xxxxxx X. Xxxxxxx (the “Executive”) and valuable considerationMedia General, Inc. (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the receipt and “Parties”), the sufficiency of which is hereby acknowledgedthe Executive acknowledges, the ObligorsExecutive, on behalf with the intention of themselves binding himself or herself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge the Company and each of their officers, employees, present its subsidiaries and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives affiliates (collectively referred to hereinafter as the “ReleasorsCompany Affiliated Group”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessorsofficers, directors, officersexecutives, shareholders, agents, attorneys, advisorsemployees and employee benefit plans (and the fiduciaries thereof), employeesand the successors, agents predecessors and other representatives assigns of each of the foregoing (collectively hereinafter referred to as collectively, the “Releasees” and individually as a “ReleaseeCompany Released Parties”), of and from any and all demandsclaims, actions, causes of action, suitscomplaints, covenantscharges, contractsdemands, controversiesrights, agreementsdamages, promisesdebts, sums of money, accounts, billsfinancial obligations, reckoningssuits, damages and any and all other claimsexpenses, counterclaims, defenses, rights of set-off, demands attorneys’ fees and liabilities whatsoever (individuallyof whatever kind or nature in law, a “Claim” equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and collectively, “Claims”) of every name and nature, whether now known or unknown, suspected or unsuspected, both at law and in equitywhich the Executive, which any individually or all as a member of the Releasors may a class, now has, owns or hereafter own, hold, have or claim to have against the Releasees or any of them for, uponholds, or by reason of any circumstance, action, cause or thing whatsoever which arises has at any time heretofore had, owned or held, arising on or prior to the day and date of this hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or on account oflocal statute, provision, order or in relation toregulation, or in and including, without limitation, any way in connection with any claim under Title VII of the Credit AgreementCivil Rights Act of 1964 (“Title VII”), the other Loan DocumentsCivil Rights Act of 1988, any the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted Age Discrimination in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absoluteEmployment Act (“ADEA”), and unconditional nature of the release set forth above.any similar or analogous state statute, excepting only:

Release. a. (a) In consideration of Agent’s and Lenders’ the agreements of Lender Group contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the Obligorseach Borrower, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agent, discharges each Agent and each Lender and their respective successors and assigns, and their present and former shareholders, its affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively each Lender, each Agent and all such other Persons being hereinafter referred to collectively as the “"Releasees” ," and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “"Claim” ," and collectively, “"Claims”") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Borrower or all any of the Releasors its successors, assigns, or other legal representatives, may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, Agreement for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, as amended hereby, the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) Each Borrower understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Borrower agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above. (d) Each Borrower, on behalf of itself and its respective successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not sxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by the Borrower pursuant to Section 10(a) of this Agreement. If any Borrower, or its respective successors, assigns, or other legal representatives violates the foregoing covenant, each Borrower, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys' fees and costs incurred by any Releasee as a result of such violation. (e) As to each and every claim released hereunder, each Borrower hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” As to each and every claim released hereunder, each Borrower also waives the benefit of each other similar provision of applicable federal or state law, if any, pertaining to general releases after having been advised by its legal counsel with respect thereto.

Release. a. (a) In consideration of Agent’s and Lenders’ the agreements of the holders of Securities contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach Credit Party, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges each holder of Securities, each Lender and their its successors and assigns, and their its present and former shareholders, partners, members, managers, consultants, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives representatives, and all persons acting by, through, under or in concert with any of them (collectively each holder of Securities and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), ) of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, recoupment, rights of set-offsetoff, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, contingent or mature, suspected or unsuspected, both at law and in equity, which any Credit Party or all any of the Releasors its respective successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AgreementAmendment, including, without limitation, for or on account of, or in relation to, or in any way in connection with the Securities Purchase Agreement, or any of the Credit Agreement, the other Loan Documents, any of the Mortgage Transaction Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) Each Credit Party understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Credit Party agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above. (d) In entering into this Amendment, each Credit Party has consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the release set forth above does not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 9 shall survive the termination of this Amendment and the other Transaction Documents and the payment in full of the Notes. (e) Each Credit Party acknowledges and agrees that the release set forth above may not be changed, amended, waived, discharged or terminated orally.

Release. a. In Each of GEO (for itself and on behalf of each of the Subsidiary Guarantors) and Corrections, in consideration of the Administrative Agent’s and Lenders’ agreements contained herein each Consenting Lender’s execution and delivery of this Amendment and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, unconditionally, freely, voluntarily and, after consultation with counsel and becoming fully and adequately informed as to the Obligorsrelevant facts, on behalf of themselves circumstances and each of their officersconsequences, employeesreleases, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise waives and forever discharge Agentdischarges (and further agrees not to allege, each Lender claim or pursue) any and their successors and assignsall claims, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”), of and from all demands, actionsrights, causes of action, suitscounterclaims or defenses of any kind whatsoever, covenantsin contract, contractsin tort, controversiesin law or in equity, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, whether known or unknown, suspected direct or unsuspected, both at law and in equityderivative, which such Borrower (or such Subsidiary Guarantor) or any predecessor, successor or all of the Releasors may now or hereafter own, hold, assign might otherwise have or claim to may have against any Lender, the Releasees Administrative Agent or any of them forsuch Lender’s or the Administrative Agent’s present or former Affiliates, uponofficers, directors, employees, attorneys or by reason other representatives or agents on account of any circumstanceconduct, condition, act, omission, event, contract, liability, obligation, demand, covenant, promise, indebtedness, claim, right, cause of action, cause suit, damage, defense, circumstance or thing matter of any kind whatsoever which arises existed, arose or occurred at any time on or prior to the day Amendment Effective Time relating to the Loan Documents, this Amendment and/or the transactions contemplated thereby or hereby. The foregoing release shall survive and date remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Letters of Credit and the Commitments or the termination of this AgreementAmendment, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Amended Credit Agreement, the other Loan Documents, or any of the Mortgage Documents provision hereof or this Agreement or transactions thereunder or related theretothereof. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration As of Agent’s the Closing (but only if the Closing actually occurs), (a) each of Purchaser and Lenders’ agreements contained herein and for other good and valuable considerationits Subsidiaries (including, as of immediately following the Closing, the receipt Group Companies) (each, a “Releasing Purchaser Person”), hereby releases and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves forever discharges Seller and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessorsits Affiliates, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)former, hereby absolutelycurrent or future direct or indirect stockholders, unconditionally and irrevocably releaseequity holders, remise and forever discharge Agentcontrolling persons, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessorsportfolio companies, directors, officers, attorneys, advisors, employees, agents and incorporators, managers, members, trustees, general or limited partners, agents, attorneys or other representatives Representatives (collectively hereinafter referred to in each case, solely in their capacities as the “Releasees” and individually as such) (each, a “ReleaseeReleased Seller Person”), of and ) from all debts, demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckoningstorts, damages and any and all other claims, counterclaims, defenses, rights of set-offoffsets, judgments, demands and liabilities whatsoever (individuallywhatsoever, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which known or unknown, accrued or unaccrued, that have been or could have been asserted against any Released Seller Person, that any Releasing Purchaser Person has or all ever had, that arises out of the Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any relates to events, circumstances or actions occurring, existing or taken prior to or as of the Credit AgreementClosing Date in respect of matters relating to the Group Companies, and (b) each of Seller and its Subsidiaries (each, a “Releasing Seller Person”), hereby releases and forever discharges Purchaser and each of its Affiliates (including, as of immediately following the Closing, the Group Companies), successors, assigns, former, current or future direct or indirect stockholders, equity holders, controlling persons, portfolio companies, directors, officers, employees, incorporators, managers, members, trustees, general or limited partners, agents, attorneys or other Loan DocumentsRepresentatives (in each case, solely in their capacities as such) (each, a “Released Purchaser Person”) from all debts, demands, causes of action, suits, covenants, torts, damages and any and all claims, defenses, offsets, judgments, demands and liabilities whatsoever, of every name and nature, both at law and in equity, known or unknown, accrued or unaccrued, that have been or could have been asserted against any Released Purchaser Person, that any | Releasing Seller Person has or ever had, that arises out of or in any way relates to events, circumstances or actions occurring, existing or taken prior to or as of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understandClosing Date in respect of matters relating to the Group Companies; provided, however, that the Parties acknowledge and agree that this Section 9.12 does not apply to and shall not constitute a release of any rights or obligations to the release extent arising under (i) this Agreement, any other Transaction Agreement or any certificate or other instrument delivered by or on behalf of either Party pursuant to this Agreement and (ii) any of the agreements set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach Section 9.12 of the provisions of such releaseDisclosure Schedule. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration (a) Attached as Schedule 1 hereto is a list of Agent’s all loans outstanding from Westbound to the Director. The Director acknowledges that there are no existing claims or defenses, personal or otherwise, or rights of set off whatsoever against Westbound, except as set forth below. The Director for himself or herself and Lenders’ agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves his or her heirs and each of their officersassigns (each, employeesa “Releasing Party” and collectively, present the “Releasing Parties”) hereby releases, acquits and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, forever discharges Westbound and its predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors and assignsSubsidiaries, and each of their respective past or present and former shareholders, affiliates, subsidiaries, divisions, predecessorsofficers, directors, officers, attorneys, advisors, employees, agents and other representatives servants, and all persons, natural or corporate, in privity with them or any of them (collectively hereinafter referred to as each a “Released Party” and collectively, the “Releasees” Released Parties”) (but only as to their actions or omissions in their capacity as officers, directors, employees, agents or servants of the Released Parties) to the fullest extent permitted by applicable law, from any and individually as a “Releasee”any and all claims, obligations, costs, losses, expenses (including attorneys’ fees), of and from all demands, actions, causes of action, suitsrights, covenantsdemands, contractsdebts, controversiesliens, agreementsliabilities or damages of every kind and nature whatsoever, promiseswhether known or unknown, sums anticipated or unanticipated, pending or threatened, fixed, contingent or conditional, suspected or unsuspected, and whether arising out of moneycontract, accountstort, billsviolation of law, reckoningsstatute, damages regulation or otherwise (including, without limitation, any covenant of good faith and fair dealing, express or implied), by reason of any matter, cause, thing, act, occurrence, omission or any other factor, situation or event whatsoever now existing or that may hereafter arise in respect of any and all other claimsagreements and obligations incurred on or prior to the date hereof, counterclaims, defenses, rights or in respect of set-off, demands and liabilities whatsoever any event occurring or circumstances existing on or prior to the date hereof (individually, a “Claim” and all of the foregoing collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all ); but neither of the Releasors may now Released Parties are released from any obligations or hereafter ownliabilities to the Director (i) pursuant to the certificate of formation or articles of association, hold, have or claim to have against the Releasees or any of them for, uponas applicable, or by reason bylaws or similar governing documents of any circumstance, action, cause the Released Parties regarding the indemnification of officers or thing whatsoever which arises at any time on or prior to the day directors; and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way (ii) in connection with any deposits (as defined in 12 USC §1813(1)) of the Credit AgreementDirector or other written contractual obligations of the Released Parties to the Director existing on the date of this Release and as set forth on Schedule 2 hereto (items (i) and (ii) are collectively referred to herein as the “Specified Claims”). (b) Each of the Releasing Parties further covenants and agrees that he or she will not directly or indirectly bring or cause to be brought, or participate in the other Loan Documentsprosecution of or otherwise assert or solicit, any Proceeding (defined below) (i) with respect to any Claim against a Released Party, or (ii) that is based, in whole or in part, on the grounds that any or all the terms of this Release were entered into pursuant to a fraudulent inducement or are for any reason illegal, invalid, not binding, unenforceable or against public policy. For the Mortgage Documents or purposes of this Agreement or transactions thereunder or related thereto. b. Obligors understandRelease, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against “Proceeding” means any action, suit suit, litigation, arbitration, proceeding (including any civil, criminal, administrative, investigative or other proceeding which appellate proceeding), prosecution, contest, hearing, inquiry, inquest, audit, examination or investigation that is, has been or may in the future be institutedcommenced, prosecuted brought, conducted or attempted heard at law or in breach of the provisions of such releaseequity or before any Governmental Authority or any arbitrator or arbitration panel. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Required Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach of Parent and each Borrower, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively Parent, Borrowers, and all such other Persons being hereinafter referred to hereinafter collectively as the “"Releasors”" and individually as a "Releasor"), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges Agent and Lenders, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, each Lender and all such other Persons being hereinafter referred to collectively as the “"Releasees” " and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “"Claim” " and collectively, “"Claims”") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) Each of Parent and each Borrower understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each of Parent and each Borrower agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach of Borrower and each Guarantor that executes a Consent and Reaffirmation to this Amendment, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively Borrower, each Guarantor and all such other Persons being hereinafter referred to hereinafter collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge discharges Agent, each Lender Issuing Bank and Lenders, and their successors and assigns, and their present and former shareholders, affiliatesAffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, Issuing Bank, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AgreementAmendment, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with any of the Credit Agreement, or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) Each Borrower and each Guarantor that executes a Consent and Reaffirmation to this Amendment understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Borrower and each Guarantor that executes a Consent and Reaffirmation to this Amendment agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. (i) In consideration of Agent’s and Lenders’ the agreements of Lender contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the Obligorseach Borrower, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agent, each discharges Lender and their its successors and assigns, and their its present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Lender and all such other Persons being hereinafter referred to collectively as the “"Releasees” " and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “"Claim” " and collectively, “"Claims”") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which Borrower or any of its successors, assigns, or all of the Releasors other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AgreementAmendment, including, without limitation, including for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, the other Loan Documents, or any of the Mortgage Documents or this Agreement Other Agreements or transactions thereunder or related thereto. b. Obligors understand(ii) Each Borrower understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. In consideration of Agent’s and Lenders’ the agreements of the Lenders contained herein herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, Company on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf heirs, executor, administrator and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby hereby, jointly and severally, absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges each of the Lenders, each Lender and their successors and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisorsemployees, employeesmembers, managers, agents and other representatives (collectively the Lenders and all such other parties being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-set off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which the Company, or any of its officers, directors, employees, successors, assigns, heirs, executor, administrator or all of other legal representatives, as the Releasors case may be, may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, actionnature, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way in connection with any of the Credit AgreementTransaction Documents as amended and supplemented through the date hereof, the other Loan Documentsor otherwise. The Company understands, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree . The Company agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, final and unconditional nature of the release set forth above.

Release. a. In As a material part of the consideration for the Administrative Agent, the Collateral Agent and the Lenders entering into this Waiver and Third Amendment, the Borrower and each other Loan Party (collectively, the “Releasors”) agree as follows (the “Release Provision”): (a) Other than with respect to the agreements of the Lenders specifically set forth herein, the Releasors, jointly and severally, hereby release and forever discharge the Administrative Agent, the Collateral Agent, each Lender and the Administrative Agent’s, the Collateral Agent’s and Lenders’ agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, Lender’s predecessors, successors, assigns, anyone acting on their behalf participants, officers, managers, directors, shareholders, partners, employees, agents, attorneys and other legal representatives (collectively referred to hereinafter as the “Releasors”)professionals, hereby absolutelyrepresentatives, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors and assigns, and their present and former shareholders, affiliatesparent corporations, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives affiliates (hereinafter all of the above collectively hereinafter referred to as the “Releasees” and individually as a “ReleaseeLender Group”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defensesdemands, rights damages, debts, agreements, covenants, suits, contracts, obligations, liabilities, accounts, offsets, rights, actions, and causes of set-offaction of any nature whatsoever and whether arising at law or in equity, demands and liabilities whatsoever (individuallypresently possessed, a “Claim” and collectively, “Claims”) of every name and nature, whether known or unknown, suspected whether liability be direct or unsuspectedindirect, both at law liquidated or unliquidated, presently accrued, whether absolute or contingent, foreseen or unforeseen, and in equitywhether or not heretofore asserted arising out of, which arising under or related to the Loan Documents (collectively, the “Claims”), that Releasors may have or allege to have against any or all of the Lender Group and that arise from events occurring before the date hereof. (b) The Releasors may now or hereafter own, hold, have or claim agree not to have against the Releasees or xxx any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or Lender Group nor in any way assist any other person or entity in connection suing the Lender Group with respect to any of the Credit Agreement, the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree that the release set forth above Claims released herein. The Release Provision may be pleaded as a full and complete defense to, and may be used as a the basis for an injunction against against, any action, suit suit, or other proceeding which may be instituted, prosecuted prosecuted, or attempted in breach of the release contained herein. (c) The Releasors acknowledge, warrant, and represent to Lender Group that: (i) The Releasors have read and understand the effect of the Release Provision. The Releasors have had the assistance of independent counsel of their own choice, or have had the opportunity to retain such independent counsel, in reviewing, discussing, and considering all the terms of the Release Provision; and if counsel was retained, counsel for Releasors has read and considered the Release Provision and advised Releasors with respect to the same. Before execution of this Waiver and Third Amendment, the Releasors have had adequate opportunity to make whatever investigation or inquiry they may deem necessary or desirable in connection with the subject matter of the Release Provision. (ii) The Releasors are not acting in reliance on any representation, understanding, or agreement not expressly set forth herein. The Releasors acknowledge that Lender Group has not made any representation with respect to the Release Provision except as expressly set forth herein. (iii) The Releasors have executed this Waiver and Third Amendment and the Release Provision thereof as a free and voluntary act, without any duress, coercion, or undue influence exerted by or on behalf of any person or entity. (iv) The Releasors are the sole owners of the Claims released by the Release Provision, and the Releasors have not heretofore conveyed or assigned any interest in any such Claims to any other person or entity. (d) The Releasors understand that the Release Provision was a material consideration in the agreement of the Administrative Agent, the Collateral Agent and each Lender to enter into this Waiver and Third Amendment. (e) It is the express intent of the Releasors that the release and discharge set forth in the Release Provision be construed as broadly as possible in favor of Lender Group so as to foreclose forever the assertion by the Releasors of any Claims released hereby against Lender Group. (f) If any term, provision, covenant, or condition of the Release Provision is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of the provisions shall remain in full force and effect. (g) The Releasors acknowledge that they may hereafter discover facts in addition to or different from those that they now know or believe with respect to the Claims released herein, but the Releasors expressly shall have and intend to fully, finally and forever have released and discharged any and all such Claims. The Releasors expressly waive any provision of statutory or decisional law to the effect that a general release does not extend to Claims that the releasing party does not know or suspect to exist in such party’s favor at the time of executing the release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s and Lenders’ agreements contained herein and for of, among other good and valuable considerationthings, the receipt execution and sufficiency delivery of which is hereby acknowledgedthis Thirteenth Amendment by the Administrative Agent and the Lenders party hereto, each of the ObligorsBorrower and the other Loan Parties, on behalf of themselves itself and each of their its agents, representatives, officers, directors, advisors, employees, present and former shareholders, attorneys, agentssubsidiaries, affiliates, subsidiariessuccessors and assigns (collectively, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutelyforever agrees and covenants not to sxx or prosecute against any Releasee (as defined below) and hereby forever waives, unconditionally releases and irrevocably releasedischarges each Releasee from any and all claims (including, remise without limitation, crossclaims, counterclaims, rights of set-off and forever discharge Agent, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”recoupment), of and from all demands, actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential damages, demands, agreements, bonds, bills, specialties, covenants, contracts, controversies, agreementsvariances, promisestrespasses, sums judgments, executions, costs, expenses or claims whatsoever that such Releasor now has or may have, of moneywhatsoever nature and kind, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, whether known or unknown, suspected whether now existing or unsuspectedhereafter arising, both whether arising at law and or in equityequity (collectively, which the “Claims”), against the Administrative Agent or any or all of the Releasors may Lenders in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other representatives of each of the foregoing (collectively, the “Releasees”), to the extent based on facts, whether or not now known, existing on or before the Thirteenth Amendment Effective Date, that relate to, arise out of or otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith or (ii) any aspect of the dealings or relationships between or among the Borrower and the other Loan Parties, on the one hand, and the Administrative Agent and any or all of the Lenders, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The releases under this Section 5.08 do not, however, release any Releasees from their obligations, in each case pursuant to and to the extent expressly required by the terms and conditions in the Loan Documents, to make Loans hereafter, to issue Letters of Credit hereafter ownor to hereafter take any other actions expressly required by the Loan Documents to be taken hereafter. In entering into this Thirteenth Amendment, holdthe Borrower and each other Loan Party consulted with, have and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or claim to have against omissions by any of the Releasees or any and hereby agrees and acknowledges that the validity and effectiveness of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or releases set forth above do not depend in any way in connection with on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section shall survive the termination of this Thirteenth Amendment, the Credit Agreement, the other Loan Documents and payment in full of the Indebtedness. (b) Each of the Borrower and other Loan Parties, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably covenants and agrees with and in favor of each Releasee that it will not sxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by the Borrower or any other Loan Party pursuant to Section 5.08(a) hereof. If the Borrower, any other Loan Party or any of its successors, assigns or other legal representatives violates the foregoing covenant, the Borrower and other Loan Parties, each for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violation. (c) The Borrower and other Loan Parties acknowledge that they are aware that they or their attorneys or others may hereafter discover claims or facts presently unknown or unsuspected in addition to or different from those which they now know or believe to be true with respect to the subject matter of the Claims being released pursuant to Section 5.08(a) hereof. Nevertheless, it is the intention of the Borrower and other Loan Parties in executing this Thirteenth Amendment to fully, finally, and forever settle and release all matters and all claims relating thereto and to the other Loan Documents, which exist, hereafter may exist or might have existed (whether or not previously or currently asserted in any action) constituting Claims released pursuant to Section 5.08(a) hereof. The Borrower and other Loan Parties each hereby knowingly and voluntarily waive and relinquish the provisions, rights and benefits of the Mortgage Documents all federal or this Agreement state laws, rights, rules, or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree legal principles of any jurisdiction that may be applicable to the release set forth above in this Section 5.08, and any rights they may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of have to invoke the provisions of any such release. c. Obligors agree that no fact, event, circumstance, evidence, law now or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolutefuture with respect to the Claims being released pursuant to Section 5.08(a) hereof, and unconditional nature the Borrower and other Loan Parties hereby agree and acknowledge that this is an essential term of the release releases set forth above.in this Section 5.08. [Signatures Begin on Next Page]

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, the Obligorseach Loan Party, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their its successors and assigns, and their its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents agents, legal representatives, and other representatives (collectively Loan Parties and all such other Persons being hereinafter referred to collectively as the “Releasees” "Releasing Parties" and individually as a “"Releasing Party"), hereby absolutely, unconditionally, and irrevocably releases, remises, and forever discharges Agent, each Lender, and each of their respective successors and assigns, and their respective present and former shareholders, members, managers, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives, and other representatives (Agent, Lenders, and all such other Persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee”"), of and from any and all demands, actions, causes of action, suits, covenantsdamages, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offset‑off, demands demands, and liabilities whatsoever (individually, a “"Claim” " and collectively, “"Claims”") of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any Releasing Party or all any of the Releasors its successors, assigns, or other legal representatives may now or hereafter own, hold, have have, or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause cause, or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, Amendment for or on account of, or in relation to, or in any way in connection with any of this Amendment, the Second Forbearance Agreement, the Credit Agreement, any of the other Loan Documents, or any of the Mortgage Documents transactions hereunder or this Agreement or transactions thereunder or related theretothereunder. b. Obligors understand(b) Each Loan Party understands, acknowledge acknowledges, and agree agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit suit, or other proceeding which may be instituted, prosecuted prosecuted, or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Loan Party agrees that no fact, event, circumstance, evidence, or transaction which could now be asserted, asserted or which may hereafter be discovered shall will affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. 12.1. In consideration of the Administrative Agent’s and the Lenders’ agreements contained herein execution and for delivery of this Amendment, each of Borrower and the other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the ObligorsLoan Parties, on behalf of themselves itself and each of their its agents, representatives, officers, directors, advisors, employees, present and former shareholders, attorneys, agentssubsidiaries, affiliates, subsidiariessuccessors and assigns (collectively, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutelyforever agrees and covenants not to sxx or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, unconditionally releases and irrevocably releasedischarges, remise and forever discharge Agentto the fullest extent permitted by law, each Lender Releasee from any and their successors all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”recoupment), of and from all demands, actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential damages, demands, agreements, bonds, bills, specialties, covenants, contracts, controversies, agreementsvariances, promisestrespasses, sums judgments, executions, costs, expenses or claims whatsoever, that such Releasor now has or hereafter may have, of moneywhatsoever nature and kind, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, whether known or unknown, suspected whether now existing or unsuspectedhereafter arising, both whether arising at law and or in equityequity (collectively, which the “Claims”), against any or all of the Releasors may Secured Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts, whether or not now known, existing on or hereafter ownbefore the Fifth Amendment Effective Date, holdthat relate to, have arise out of or claim to have against otherwise are in connection with: (i) any or all of the Releasees Loan Documents (including this Amendment) or transactions contemplated thereby or hereby or any actions or omissions in connection therewith or herewith, or (ii) any aspect of the dealings between or among any state insurance department or other regulatory body with authority over the Borrower, the Loan Parties or any of them fortheir respective Regulated Insurance Subsidiaries, uponon the one hand, and any one or by reason more of any circumstancethe Releasees, actionon the other hand, cause or thing whatsoever which arises at any time on or prior but only to the day extent such dealings relate to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. In entering into this Amendment, Borrower and date each other Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of this Agreement, including, without limitation, for or on account of, or in relation to, or the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way in connection with on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section shall survive the termination of this Amendment, the Credit Agreement, the other Loan Documents, any Documents and payment in full of the Mortgage Documents or this Agreement or transactions thereunder or related theretoObligations. b. Obligors understand12.2. Each of Borrower and other Loan Parties, acknowledge on behalf of itself and agree its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any actionit will not sxx (at law, suit or other proceeding which may be institutedin equity, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner regulatory proceeding or otherwise) any Releasee on the finalbasis of any Claim released, absolute, remissed and unconditional nature of the release set forth abovedischarged by Borrower or any other Loan Party pursuant to Section 12.1 hereof.

Release. a. In consideration of Agent’s and Lenders’ agreements contained herein and for other good and valuable consideration(a) Except as otherwise specified in Section 4 below, the receipt Company, for itself and sufficiency of which is hereby acknowledged, the Obligors, on behalf of themselves and each of their (as applicable) its officers, directors, stockholders, partners, employees, present and former shareholderstrustees, attorneystrust beneficiaries, agents, affiliatesrepresentatives, subsidiariesadministrators, divisionsexecutors, predecessorspredecessors and successors-in-interest, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agent, each Lender and their successors heirs and assigns, and their present all other persons, firms, corporations or other entities with whom any of the former have been, are now, or may hereafter be affiliated, (collectively, the "Company Releasing Parties"), hereby releases and former shareholdersforever discharges MBN, affiliates, subsidiaries, divisions, predecessorsand its officers, directors, officersmanagers, attorneys, advisorsmembers, employees, agents trustees, trust beneficiaries, agents, representatives, administrators, executors, predecessors and successors-in-interest, heirs and assigns, and all other representatives persons, firms, corporations or other entities with whom any of the former have been, are now, or may hereafter be affiliated (collectively hereinafter referred to as collectively, the “Releasees” and individually as a “Releasee”"MBN Released Parties"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other past, present and future claims, counterclaimsdemands, defensesobligations, rights and causes of set-offaction of any nature whatsoever, demands whether in tort (including, without limitation, acts of active negligence), contract or any other theory of recovery in law or equity, whether or not wrongful, whether for compensatory or punitive damages, equitable relief or otherwise, and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, whether now known or unknown, suspected or unsuspected, both at law which are based upon, arise out of or are in connection with the Consulting Agreement, including, but not limited to, matters relating to the Original Warrant (the "Released Matters"). (b) Except as otherwise specified in Section 4 below, MBN for itself and in equityon behalf of (as applicable) its respective officers, which directors, managers, members, partners, employees, trustees, trust beneficiaries, agents, representatives, administrators, executors, predecessors and successors-in-interest, heirs and assigns, and all other persons, firms, corporations or other entities with whom any or all of the Releasors former have been, are now, or may now hereafter be affiliated (collectively, the "MBN Releasing Parties" and together with the Company Releasing Parties, the "Releasing Parties"), hereby release and forever discharge the Company, and its officers, directors, stockholders, partners, employees, trustees, trust beneficiaries, agents, representatives, administrators, executors, predecessors and successors-in-interest, heirs and assigns, and all other persons, firms, corporations or hereafter own, hold, have or claim to have against the Releasees or other entities with whom any of them forthe former have been, uponare now, or by reason may hereafter be affiliated (collectively, the "Company Released Parties" and together with the MBN Released Parties, the "Released Parties"), from any and all past, present and future claims, demands, obligations, and causes of action of any circumstancenature whatsoever, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, whether in tort (including, without limitation, acts of active negligence), contract or any other theory of recovery in law or equity, whether or not wrongful, whether for compensatory or on account ofpunitive damages, equitable relief or in relation tootherwise, and whether now known or in any way unknown, suspected or unsuspected, which are based upon, arise out of or are in connection with any of the Credit Agreement, the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related theretoReleased Matters. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.

Release. a. (a) In consideration of Agent’s the agreements of Agent and Lenders’ agreements Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Borrower and, by its execution of the ObligorsConsent and Reaffirmation, Parent and each Loan Party other than Borrower, on behalf of themselves itself and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, its successors, assigns, anyone acting on their behalf and other legal representatives (collectively Borrower, Parent, each Loan Party other than Borrower and all such other Persons being hereinafter referred to hereinafter collectively as the “"Releasors”" and individually as a "Releasor"), hereby absolutely, unconditionally and irrevocably releasereleases, remise remises and forever discharge Agentdischarges Agent and Lenders, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, each Lender and all such other Persons being hereinafter referred to collectively as the “"Releasees” " and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offset‑off, demands and liabilities whatsoever (individually, a “"Claim” " and collectively, “"Claims”") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any or all of the Releasors Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, Amendment for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors understand(b) Each Releasor understands, acknowledge acknowledges and agree agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree (c) Each Releasor agrees that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.. (Signature Page Follows)

Release. a. In consideration of of, among other things, the Administrative Agent’s ’s, the Fronting Banks’ and the Lenders’ agreements contained herein execution and for other good and valuable considerationdelivery of this Amendment, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach Borrower, on behalf of themselves itself and each of their its agents, representatives, officers, directors, advisors, employees, present and former shareholders, attorneys, agentssubsidiaries, affiliates, subsidiariessuccessors and assigns (collectively, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutelyforever agrees and covenants not to sue or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, unconditionally releases and irrevocably releasedischarges, remise and forever discharge Agentto the fullest extent permitted by law, each Lender Releasee from any and their successors all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”recoupment), of and from all demands, actions, causes of action, suits, covenantsdebts, contractsliens, controversies, agreements, promises, sums of money, accounts, bills, reckoningswarranties, damages and any consequential damages, judgments, costs or expenses whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and all other claimskind, counterclaimswhether now existing or hereafter arising, defenses, rights of set-off, demands and liabilities whatsoever whether arising at law or in equity (individually, a “Claim” and collectively, the “Claims”) of every name and nature), known or unknown, suspected or unsuspected, both at law and in equity, which against any or all of the Releasors may now Credit Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or hereafter ownin part on facts existing on or before the Amendment Effective Date, holdthat relate to, have arise out of or claim to have against otherwise are in connection with: (i) any or all of the Releasees Loan Documents or transactions contemplated thereby or any of them for, upon, actions or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, for or on account of, or in relation to, or in any way omissions in connection with therewith; or (ii) any aspect of the dealings or relationships between or among the Borrowers, on the one hand, and any or all of the Credit AgreementParties, on the other Loan Documentshand, relating to any or all of the Mortgage Documents documents, transactions, actions or this Agreement or transactions thereunder or related thereto. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted omissions referenced in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.clause (i) hereof. The receipt by any

Release. a. (a) In consideration of Agent’s and Lenders’ the agreements of Agent contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the ObligorsGrantors, on behalf of themselves and each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, respective successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”)representatives, hereby absolutely, unconditionally and irrevocably release, remise and forever discharge Agentdischarges Agent and Lenders, each Lender and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively Agent, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which Grantors or any of their respective successors, assigns, or all of the Releasors other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Agreement, including, without limitation, Amendment for or on account of, or in relation to, or in any way in connection with any of the Credit Security Agreement, or any of the other Loan Documents, any of the Mortgage Documents or this Agreement or transactions thereunder or related thereto. b. Obligors (b) Grantors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors (c) Grantors agree that no fact, event, circumstance, evidence, evidence or transaction which could now be asserted, asserted or which may hereafter be discovered shall affect in any manner the final, absolute, absolute and unconditional nature of the release set forth above.

Release. a. In consideration of of, among other things, the Administrative Agent’s ’s, the Fronting Banks’ and the Lenders’ agreements contained herein execution and for other good and valuable considerationdelivery of this Amendment, the receipt and sufficiency of which is hereby acknowledged, the Obligorseach Closing Date Borrower, on behalf of themselves itself and each of their its agents, representatives, officers, directors, advisors, employees, present and former shareholders, attorneys, agentssubsidiaries, affiliates, subsidiariessuccessors and assigns (collectively, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (collectively referred to hereinafter as the “Releasors”), hereby absolutelyforever agrees and covenants not to sue or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, unconditionally releases and irrevocably releasedischarges, remise and forever discharge Agentto the fullest extent permitted by law, each Lender Releasee from any and their successors all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (collectively hereinafter referred to as the “Releasees” and individually as a “Releasee”recoupment), of and from all demands, actions, causes of action, suits, covenantsdebts, contractsliens, controversies, agreements, promises, sums of money, accounts, bills, reckoningswarranties, damages and any consequential damages, judgments, costs or expenses whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and all other claimskind, counterclaimswhether now - 8 - existing or hereafter arising, defenses, rights of set-off, demands and liabilities whatsoever whether arising at law or in equity (individually, a “Claim” and collectively, the “Claims”) of every name and nature), known or unknown, suspected or unsuspected, both at law and in equity, which against any or all of the Releasors may now Credit Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or hereafter ownin part on facts existing on or before the Amendment Effective Date, holdthat relate to, have arise out of or claim otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith; or (ii) any aspect of the dealings or relationships between or among the Closing Date Borrowers, on the one hand, and any or all of the Credit Parties, on the other hand, relating to have any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by the Borrower of any Advances or other financial accommodations made by any Credit Party after the date hereof shall constitute a ratification, adoption, and confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time in part on facts existing on or prior to the day and date of receipt of any such Advances or other financial accommodations. In entering into this AgreementAmendment, includingeach Closing Date Borrower consulted with, without limitationand has been represented by, for legal counsel and expressly disclaims any reliance on any representations, acts or on account of, or in relation to, or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way in connection with on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 11 shall survive the termination of this Amendment, the Credit Agreement, the other Loan Documents, any Documents and payment in full of the Mortgage Documents or this Agreement or transactions thereunder or related theretoAdvances. b. Obligors understand, acknowledge and agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. c. Obligors agree that no fact, event, circumstance, evidence, or transaction which could now be asserted, or which may hereafter be discovered shall affect in any manner the final, absolute, and unconditional nature of the release set forth above.