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. (b) Each Borrower and Guarantor agrees 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 and unconditional nature of the releases set forth in Section 8.1 hereof and, when made, Section 8.2 hereof.
Appears in 2 contracts
Samples: Ratification and Amendment Agreement (Hartmarx Corp/De), Dip Loan Agreement (Ascendia Brands, Inc.)
Releases Generally. (a) Each Borrower and Guarantor understands, acknowledges and agrees that the releases set forth above in Sections 8.1 9.1 and 8.2 9.2 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.
(b) Each Borrower and Guarantor agrees 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 and unconditional nature of the releases set forth in Section 8.1 9.1 hereof and, when made, Section 8.2 9.2 hereof.
Appears in 1 contract
Samples: Ratification and Amendment Agreement (Hancock Fabrics Inc)
Releases Generally. (a) Each Borrower and Guarantor each 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.
(b) Each Borrower and Guarantor each agrees 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 and unconditional nature of the releases set forth in Section 8.1 hereof and, when made, Section 8.2 hereof.
Appears in 1 contract
Samples: Ratification and Amendment Agreement (Delta Woodside Industries Inc /Sc/)
Releases Generally. (a) Each Borrower and each 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.
(b) Each Borrower and each Guarantor agrees 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 and unconditional nature of the releases set forth in Section 8.1 hereof and, when made, Section 8.2 hereof.
Appears in 1 contract
Samples: Ratification and Amendment Agreement (Anvil Holdings Inc)