Releases Generally. (a) Each Loan Party understands, acknowledges and agrees that the releases set forth above in Sections 8.1 and 8.2 hereof 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 releases.
Releases Generally. (a) Each Borrower and Guarantor understands, acknowledges and agrees that the releases set forth above in Sections 8.1 and 8.2 hereof 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 releases.
Releases Generally. Notwithstanding paragraphs 1 and 2 above, (i) DFC's release set forth in paragraph 2 above shall not apply to any moneys due to DFC under any of the Program Documents and (ii) none of the releases set forth in paragraphs 1 and 2 above shall apply to (x) any breach following the Effective Date by any party of the agreements set forth herein or in any Program Document or (y) any breach following the Effective Date by any party of any Program Document or any agreement executed and delivered in connection with or pursuant to this Agreement.
Releases Generally. (a) Each Debtor, understands, acknowledges and agrees that the releases set forth above in Sections 8.1 and 8.2 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 releases.
Releases Generally. At such time as the Obligations shall have been paid and discharged in full (other than contingent obligations for which no claim has been made) and the Commitments under the Credit Agreement have been terminated, the Collateral and all other assets shall be released from the Security Interest created hereby and from the Liens of the Security Documents, and all obligations (other than those expressly stated to survive such termination) of the Security Trustee and each Grantor with respect to the Obligations and such Security Interest and Liens shall terminate, all without delivery of any instrument or performance of any act by any party, and all rights of the Security Trustee and the Secured Parties to the Collateral in connection with such Security Interest and other Liens shall revert to the Grantors. At the request and sole expense of any Grantor in connection with any such termination, the Security Trustee shall deliver to such Grantor any instruments or other documents held by the Security Trustee hereunder and execute and deliver to such Grantor such documents as such Grantor shall reasonably request to evidence such termination. (b) Release upon Sale, Prepayment or other Disposition; Release of Dormant Companies. If: (i) any of the Collateral shall be sold, transferred or otherwise disposed of by any Grantor pursuant to and in accordance with the applicable Asset Lease or Loan Asset, or the Loan relating to an Asset has been paid in the amount required by, in accordance with and as permitted under the Credit Agreement; (ii) in the case of a Loan Asset which constitutes Collateral the principal outstanding under such Loan Asset is repaid or prepaid in full pursuant to a transaction permitted by the Credit Agreement; or - 50 - (iii) any Additional Collateral granted or provided to remedy any Early Amortization Event is no longer necessary to remedy such Early Amortization Event and the same may be released without causing an Early Amortization Event or any Event of Default; and, in the case of (i) above, no Event of Default has occurred and is continuing, and in the case of (i) and (ii) above, all amounts in connection with such Collateral that are required to be received into the Collections Account on or prior to the applicable date have been received into the Collections Account, the Security Trustee, at the request of such Grantor or the Servicer and sole expense of such Grantor, shall execute and deliver to such Grantor all releases or other docu...
Releases Generally. At such time as the Obligations shall have been paid in full and the Commitments under the Note Purchase Agreement and the Credit Agreement have been terminated, the Collateral shall be released from the Security Interest created hereby, and this Agreement and all obligations (other than those expressly stated to survive such termination) of the Security Trustee and each Grantor hereunder with respect to the Obligations and the Security Interest shall terminate, all without delivery of any instrument or performance of any act by any party, and all rights of the Security Trustee and the Secured Parties to the Collateral in connection with the Security Interest shall revert to the Grantors. At the request and sole expense of any Grantor following any such termination, the Security Trustee shall deliver to such Grantor any Collateral held by the Security Trustee hereunder, and execute and deliver to such Grantor such documents as such Grantor shall reasonably request to evidence such termination.
Releases Generally. (a) Borrower understands, acknowledges, and agrees that the releases set forth in the Ratification Agreement and reaffirmed above as of the Fourth Amendment Effective Date, 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 that may be instituted, prosecuted, or attempted in breach of the provisions of such releases.
Releases Generally. The Borrower may request in writing that the Agent release, and upon receipt of such request the Agent shall release, any Person from any of the Guaranty and the Security Agreement so long as: (i) such Person qualifies, or will qualify simultaneously with its release from the Guaranty and the Security Agreement, as applicable, as an Excluded Subsidiary or has ceased to be, or simultaneously with its release from the Guaranty and the Security Agreement, as applicable, will cease to be a Subsidiary or a Joint Venture Subsidiary with at least $10,000 in assets in the aggregate; (ii) no Default or Event of Default shall then be in existence or would occur as a result of such release; (iii) such Person is not a party to any Derivatives Contract by virtue of which any other Person is a Derivatives Contracts Beneficiary; and (iv) the Agent shall have received such written request at least 5 Business Days prior to the requested date of release. Delivery by the Borrower to the Agent of any such request shall constitute a representation by the Borrower that the matters set forth in the preceding sentence (both as of the date of the giving of such request and as of the date of the effectiveness of such request) are true and correct with respect to such request.
Releases Generally. Without limiting the generality of the foregoing Section 5.6 and Section 5.7, each of the Joint Ventures, the Fox Parties, the VeriSign Parties and their respective Affiliates waives all rights under California Civil Code Section 1542 and under any other state or federal statute, or common law principle of similar effect relating to the matters released herein. Section 1542 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.
Releases Generally. At such time as the Obligations shall have been paid in full, the Collateral shall be released from the Security Interest created hereby, and this Agreement and all obligations (other than those expressly stated to survive such termination) of the Security Trustee and each Grantor hereunder with respect to the Obligations and the Security Interest shall terminate, all without delivery of any instrument or performance of any act by any party, and all rights of the Security Trustee and the Secured Parties to the Collateral in connection with the Security Interest shall revert to the Grantors. At the request and sole expense of any Grantor following any such termination, the Security Trustee shall deliver to such Grantor any Collateral held by the Security Trustee hereunder, and execute and deliver to such Grantor such documents as such Grantor shall reasonably request to evidence such termination.
