Common use of Releases; Indemnities Clause in Contracts

Releases; Indemnities. In further consideration of Agent's and each Lender's execution of this Agreement, each Borrower and each Guarantor, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or Guarantor), assigns, subsidiaries and Affiliates, hereby forever releases Agent and each Lender and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, directors, agents and attorneys (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "Claims") that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement was executed including without limitation with respect to the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(a) above shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Agreement and the other Loan Documents

Releases; Indemnities. In further consideration of Agent's and each Lender's execution of this Agreement, each Borrower and each Guarantor, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or Guarantor), assigns, subsidiaries and Affiliates, hereby forever releases Agent and each Lender and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, directors, agents and attorneys (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "Claims") that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement was executed including without limitation with respect to the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(a) 3.A. above shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Agreement and the other Loan Documents

Releases; Indemnities. In further consideration of Agent's and each Lender's Lenders' execution of this AgreementAmendment, each Borrower and each GuarantorBorrower, individually and on behalf of its successors (including, without limitation, any trustees trustee acting on its behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or Guarantorit), assigns, subsidiaries and Affiliatesaffiliates, hereby forever releases Agent and each Lender Lenders and their respective successors, assigns, parents, subsidiaries, Affiliatesaffiliates, officers, employees, directors, agents and attorneys (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "Claims") that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement on or other Loan Documents prior to the date this Agreement was executed including without limitation hereof with respect to the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance Credit Agreement, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(a) above shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutesstatute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement the Credit Agreement, any other Loan Document or any other document executed in connection herewiththerewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Credit Agreement and the other Loan Documents.

Releases; Indemnities. (i) In further consideration of Agent's, Co-Agent's and each Lender's the Banks' execution of this AgreementAmendment, each Borrower and each GuarantorLoan Party, individually and on behalf of its their successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor any Loan Party and any debtor-in-possession with respect to such Borrower or Guarantorany Loan Party), assigns, subsidiaries and Affiliates, hereby forever releases release Agent, Co-Agent and each Lender the Banks and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, employees directors, agents and attorneys (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "Claims") that such Borrower or Guarantor any Loan Party may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement Amendment was executed including executed, including, without limitation limitation, with respect to the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance Credit Agreement, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor (i) the Loan Parties shall satisfy all other provisions of this Agreement, the Forbearance AgreementAmendment, the Loan Documents or and the Loan Agreement Credit Agreement, including payment in full of all Secured Obligations. , or (ii) the Credit Agreement otherwise is terminated. (ii) Each Borrower Loan Party hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(a5.3(i) above shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrowereach Loan Party, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement Amendment or any other document executed in connection herewith, other than acts constituting gross negligence or willful misconduct on the part of the Releasees. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Credit Agreement and the other Loan Documents.

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's ’s execution of this AgreementAmendment, each Borrower and each Guarantor, individually for itself and on behalf of its respective successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or GuarantorBorrower), assigns, subsidiaries and Affiliates, hereby forever releases Agent and each Lender and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, employees directors, agents and attorneys (collectively, the "Releasees"“Releases”) from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "“Claims") ”), that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement Amendment was executed executed, including without limitation with respect to the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations, other than arising out of such Agent’s or such Lender’s gross negligence or willful misconduct. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance AgreementAmendment, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each . (b) Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(a) above herein shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of of, any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutesstatute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement Amendment or any other document executed in connection herewith, other than arising out of such Releasees’ gross negligence or willful misconduct. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance AgreementAmendment, the Loan Agreement and the other Loan Documents.

Releases; Indemnities. In further (a) To the fullest extent permitted by applicable law, in consideration of Agent's and each Lender's execution of entering into this Agreement, each and for other good and valuable consideration, the receipt and sufficiency of which Borrower and each Guarantorhereby acknowledges, individually Borrower, on its own behalf and on behalf of its successors (including, without limitation, any trustees receiver or trustee acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or GuarantorBorrower), assigns, subsidiaries and AffiliatesAffiliates (collectively, the "Releasors"), hereby forever releases Agent release, discharge and each acquit Lender and their respective successors, assigns, its parents, subsidiaries, shareholders, Affiliates, partners, trustees, officers, employees, directors, agents and attorneys and their respective successors, heirs and assigns (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions (whether at law or in equity) indebtedness and obligations (collectively, "Claims") of every nature whatsoevertype, kind, nature, description or character, including, without limitation, any so-called "lender liability" claims or defenses, and irrespective of how, why or by reason of what facts, whether liquidated such Claims have heretofore arisen, are now existing or unliquidatedhereafter arise, or which could, might or be claimed to exist, of whatever kind or nature, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, matured or unmatured, fixed or contingent (collectivelycontingent, "Claims") that such Borrower each as though fully set forth herein at length, which may in any way arise out of, are connected with or Guarantor may have against the Releasees which arise from or in any way relate to any actions or omissions which the Releasees may have taken occurred on or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement was executed including without limitation hereof with respect to Borrower, this Agreement, the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance AgreementPrior Agreements, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations, other than such Claims arising out of the gross negligence or willful misconduct of a Releasee. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents Agreement or the Loan Agreement Documents, including payment in full of all Secured the Obligations. . (b) Each Borrower hereby of the Releasors further agrees that its obligation to indemnify the Releasees and hold the Releasees harmless as set forth in Section 3(a) above shall include an obligation to indemnify from and hold the Releasees harmless with respect to against any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by such Claims (as such term is defined in the Releasees, or immediately preceding paragraph) which may be brought against any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or the Releasees on behalf of any entity or Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrowerthe Releasors, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement or any other document executed in connection herewithLoan Document, the Obligations, any Collateral or the Prior Agreements, other than such Claims arising out of the gross negligence or willful misconduct of a Releasee. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Agreement and the other Loan Documents.

Releases; Indemnities. In further A. To the fullest extent permitted by applicable law, in consideration of AgentFINOVA's and each Lender's execution of entering into this Agreement, each and for other good and valuable consideration, the receipt and sufficiency of which Borrower and each Guarantorhereby acknowledges, individually Borrower, on its own behalf and on behalf of its successors (including, without limitation, any trustees receiver or trustee acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or GuarantorBorrower), assigns, subsidiaries and AffiliatesAffiliates (collectively, the "Releasors"), hereby forever releases Agent release, discharge and each Lender acquit FINOVA and their respective successors, assigns, its parents, subsidiaries, shareholders, Affiliates, partners, trustees, officers, employees, directors, agents and attorneys and their respective successors, heirs and assigns (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions (whether at law or in equity) indebtedness and obligations (collectively, "Claims") of every nature whatsoevertype, kind, nature, description or character, including, without limitation, any so-called "lender liability" claims or defenses, and irrespective of how, why or by reason of what facts, whether liquidated such Claims have heretofore arisen, are now existing or unliquidatedhereafter arise, or which could, might or be claimed to exist, of whatever kind or nature, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, matured or unmatured, fixed or contingent (collectivelycontingent, "Claims") that such Borrower each as though fully set forth herein at length, which may in any way arise out of, are connected with or Guarantor may have against the Releasees which arise from or in any way relate to any actions or omissions which the Releasees may have taken occurred on or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement was executed including without limitation hereof with respect to Borrower, this Agreement, the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance AgreementPrior Agreements, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, Agreement or the Loan Documents or the Loan Agreement including payment in full of all Secured the Obligations. . B. Each Borrower hereby of the Releasors further agrees that its obligation to indemnify the Releasees and hold the Releasees harmless as set forth in Section 3(a) above shall include an obligation to indemnify from and hold the Releasees harmless with respect to against any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by such Claims (as such term is defined in the Releasees, or immediately preceding paragraph) which may be brought against any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or the Releasees on behalf of any entity or Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrowerthe Releasors, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement or any other document executed in connection herewithLoan Document, the Obligations, any Collateral or the Prior Agreements. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Agreement and the other Loan Documents.]

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's the Banks' execution of this AgreementAmendment, each Borrower and each GuarantorBorrower, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or Guarantor)successors, assigns, subsidiaries and Affiliates, hereby forever releases release Agent and each Lender Bank and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, employees directors, agents and attorneys (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "Claims") ), that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement Amendment was executed executed, including without limitation with respect to the Secured ObligationsBorrower's Liabilities, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document Other Agreement and any third parties liable in whole or in part for the Secured ObligationsBorrower's Liabilities. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Amendment, the Other Agreements or the Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each Borrower's Liabilities. (b) Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(aParagraph 8(a) above of this Amendment shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of of, any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutesstatute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement Amendment or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations Borrower's Liabilities and the termination of this AgreementAmendment, the Forbearance Agreement, the Loan Agreement and the other Loan DocumentsOther Agreements.

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's the Banks' execution of this AgreementAmendment, each Borrower and each GuarantorBorrower, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or Guarantor)successors, assigns, subsidiaries and Affiliates, hereby forever releases Agent and each Lender Bank and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, employees directors, agents and attorneys (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "Claims") ), that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement Amendment was executed executed, including without limitation with respect to the Secured ObligationsBorrower's Liabilities, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document Other Agreement and any third parties liable in whole or in part for the Secured ObligationsBorrower's Liabilities. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Amendment, the Other Agreements or the Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each Borrower's Liabilities. (b) Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(aParagraph 7(a) above of this Amendment shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of of, any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutesstatute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement Amendment or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations Borrower's Liabilities and the termination of this AgreementAmendment, the Forbearance Agreement, the Loan Agreement and the other Loan DocumentsOther Agreements.

Releases; Indemnities. In further (a) To the fullest extent permitted by applicable law, in consideration of Agent's and each Lender's execution of ’s entering into this Agreement, each and for other good and valuable consideration, the receipt and sufficiency of which Borrower and each Guarantorhereby acknowledges, individually Borrower, on its own behalf and on behalf of its successors (including, without limitation, any trustees receiver or trustee acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or GuarantorBorrower), assigns, subsidiaries and AffiliatesAffiliates (collectively, the “Releasors”), hereby forever releases Agent release, discharge and each acquit Lender and their respective successors, assigns, its parents, subsidiaries, shareholders, Affiliates, partners, trustees, officers, employees, directors, agents and attorneys and their respective successors, heirs and assigns (collectively, the "“Releasees"”) from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions (whether at law or in equity) indebtedness and obligations (collectively, “Claims”) of every nature whatsoevertype, kind, nature, description or character, including, without limitation, any so-called “lender liability” claims or defenses, and irrespective of how, why or by reason of what facts, whether liquidated such Claims have heretofore arisen, are now existing or unliquidatedhereafter arise, or which could, might or be claimed to exist, of whatever kind or nature, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, matured or unmatured, fixed or contingent (collectivelycontingent, "Claims") that such Borrower each as though fully set forth herein at length, which may in any way arise out of, are connected with or Guarantor may have against the Releasees which arise from or in any way relate to any actions or omissions which the Releasees may have taken occurred on or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement was executed including without limitation hereof with respect to Borrower, this Agreement, the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance AgreementPrior Agreements, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations, other than such Claims arising out of the gross negligence or willful misconduct of a Releasee. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents Agreement or the Loan Agreement Documents, including payment in full of all Secured the Obligations. . (b) Each Borrower hereby of the Releasors further agrees that its obligation to indemnify the Releasees and hold the Releasees harmless as set forth in Section 3(a) above shall include an obligation to indemnify from and hold the Releasees harmless with respect to against any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by such Claims (as such term is defined in the Releasees, or immediately preceding paragraph) which may be brought against any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or the Releasees on behalf of any entity or Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrowerthe Releasors, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement or any other document executed in connection herewithLoan Document, the Obligations, any Collateral or the Prior Agreements, other than such Claims arising out of the gross negligence or willful misconduct of a Releasee. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Agreement and the other Loan Documents.

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's the Banks' execution of this AgreementAmendment, each Borrower and each GuarantorBorrower, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or Guarantor)successors, assigns, subsidiaries and Affiliates, hereby forever releases release Agent and each Lender Bank and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, employees directors, agents and attorneys (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "Claims") ), that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement Amendment was executed executed, including without limitation with respect to the Secured ObligationsBorrower's Liabilities, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document Other Agreement and any third parties liable in whole or in part for the Secured ObligationsBorrower's Liabilities. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Amendment, the Other Agreements or the Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each Borrower's Liabilities. (b) Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(aParagraph 7(a) above of this Amendment shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of of, any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutesstatute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement Amendment or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations Borrower's Liabilities and the termination of this AgreementAmendment, the Forbearance Agreement, the Loan Agreement and the other Loan DocumentsOther Agreements.

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's the Banks' execution of this AgreementAmendment, each Borrower and each GuarantorBorrower, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or Guarantor)successors, assigns, subsidiaries and Affiliates, hereby forever releases release Agent and each Lender Bank and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, employees directors, agents and attorneys (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "Claims") ), that such any Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement Amendment was executed executed, including without limitation with respect to the Secured Obligationseach Borrower's Liabilities, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document Other Agreement and any third parties liable in whole or in part for the Secured Obligationseach Borrower's Liabilities. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor Borrowers shall satisfy all other provisions of this Amendment, the Other Agreements or the Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. each Borrower's Liabilities. (b) Each Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(aParagraph 10(a) above of this Amendment shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of of, any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutesstatute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement Amendment or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations each Borrower's Liabilities and the termination of this AgreementAmendment, the Forbearance Agreement, the Loan Agreement and the other Loan DocumentsOther Agreements.

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's the execution of this AgreementAgreement by Agent and the Lenders, each Borrower and each GuarantorBorrower, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or GuarantorBorrower), assigns, subsidiaries and Affiliatesaffiliates, (collectively, the “Releasors”), hereby forever releases Agent release Agent, the Lenders and each Lender and of their respective successors, assigns, parents, subsidiaries, Affiliatesaffiliates, officers, employees, directors, agents and attorneys (collectively, the "“Releasees"”) from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and actions, causes of actions (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "“Claims"”) that such Borrower or Guarantor Releasors may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement was executed including including, without limitation limitation, with respect to the Secured Obligations, any Collateral, the Loan AgreementDocuments, the Forbearance Agreement, any other Loan Document and or any third parties liable in whole or in part for the Secured Obligations. This provision shall survive and continue in full force and effect whether or not such (i) Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents Agreement or the Loan Agreement Documents, including payment in full of all Secured Obligations. Each Borrower , (ii) this Agreement otherwise is terminated, or (iii) the agreements of Agent and the Lenders under Section 4(a) cease pursuant to this Agreement. (b) Releasors hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(a) above shall include an obligation agree to indemnify and hold the Releasees harmless with respect to any and all liabilities, claims, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding byproceeding, or on behalf of any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation regulations or common law principle principles arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of the Loan Documents, this Agreement or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Agreement and the other Loan Documents.

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's the Banks’ execution of this AgreementAmendment, each Borrower and each GuarantorBorrower, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or Guarantor)successors, assigns, subsidiaries and Affiliates, hereby forever releases Agent and each Lender Bank and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, employees directors, agents and attorneys (collectively, the "“Releasees"”) from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "“Claims") ”), that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement Amendment was executed executed, including without limitation with respect to the Secured ObligationsBorrower’s Liabilities, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document Other Agreement and any third parties liable in whole or in part for the Secured ObligationsBorrower’s Liabilities. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Amendment, the Other Agreements or the Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each Borrower’s Liabilities. (b) Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(aParagraph 7(a) above of this Amendment shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of of, any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutesstatute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement Amendment or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations Borrower’s Liabilities and the termination of this AgreementAmendment, the Forbearance Agreement, the Loan Agreement and the other Loan DocumentsOther Agreements.

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's the Banks' execution of this AgreementAmendment, each Borrower and each GuarantorBorrower, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or Guarantor)successors, assigns, subsidiaries and Affiliates, hereby forever releases Agent and each Lender Bank and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, employees directors, agents and attorneys (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "Claims") ), that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement Amendment was executed executed, including without limitation with respect to the Secured ObligationsBorrower's Liabilities, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document Other Agreement and any third parties liable in whole or in part for the Secured ObligationsBorrower's Liabilities. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Amendment, the Other Agreements or the Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each Borrower's Liabilities. (b) Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(aParagraph 8(a) above of this Amendment shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, judgments suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of of, any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutesstatute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement Amendment or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations Borrower's Liabilities and the termination of this AgreementAmendment, the Forbearance Agreement, the Loan Agreement and the other Loan DocumentsOther Agreements.

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's ’s execution of this Agreement, each Borrower and each GuarantorForbearance Party, individually and on behalf of its such Forbearance Party’s successors (including, without limitation, any trustees or receivers acting on behalf of such Borrower or Guarantor Forbearance Party and any debtor-in-possession with respect to such Borrower or GuarantorForbearance Party), assigns, subsidiaries and Affiliatesaffiliates, and each member of the Current Board (collectively, the “Releasors”), hereby forever releases Agent and each Lender and their respective its successors, assigns, parents, subsidiaries, Affiliatesaffiliates, officers, employees, directors, agents and attorneys (collectively, the "“Releasees"”) from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and actions, causes of actions (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "“Claims"”) that such Borrower or Guarantor Releasors may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement was executed including including, without limitation limitation, with respect to the Secured Obligations, any Collateral, the Loan AgreementDocuments, the Forbearance Agreement, any other Loan Document and or any third parties liable in whole or in part for the Secured Obligations. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor (i) any Forbearance Party shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents Agreement or the Loan Agreement Documents, including payment in full of all Secured Obligations. Each Borrower , (ii) this Agreement otherwise is terminated, or (iii) the forbearance of Lender ceases pursuant to this Agreement. (b) The Releasors hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(a) above shall include an obligation agree to indemnify and hold the Releasees harmless with respect to any and all liabilities, claims, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding byproceeding, or on behalf of any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation regulations or common law principle principles arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of the Loan Documents, this Agreement or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Agreement and the other Loan Documents.

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's the Banks' execution of this AgreementAmendment, each Borrower and each GuarantorBorrower, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or Guarantor)successors, assigns, subsidiaries and Affiliates, hereby forever releases Agent and each Lender Bank and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, employees directors, agents and attorneys (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "Claims") ), that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement Amendment was executed executed, including without limitation with respect to the Secured ObligationsBorrower's Liabilities, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document Other Agreement and any third parties liable in whole or in part for the Secured ObligationsBorrower's Liabilities. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Amendment, the Other Agreements or the Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each Borrower's Liabilities. (b) Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(aParagraph 8(a) above of this Amendment shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of of, any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutesstatute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement Amendment or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations Borrower's Liabilities and the termination of this AgreementAmendment, the Forbearance Agreement, the Loan Agreement and the other Loan DocumentsOther Agreements.

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's the Banks’ execution of this Agreement, each Borrower and each Guarantorthe Borrower, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such the Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or Guarantorthe Borrower), assigns, subsidiaries and Affiliates, hereby forever releases release Agent and each Lender Bank and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, employees directors, agents and attorneys (collectively, the "“Releasees"”) from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "“Claims") ”), that such the Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement was executed executed, including without limitation with respect to the Secured ObligationsBorrower’s Liabilities, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document Other Agreement and any third parties liable in whole or in part for the Secured ObligationsBorrower’s Liabilities. This provision shall survive and continue in full force and effect whether or not such the Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents Other Agreements or the Loan Agreement Agreement, including payment in full of all Secured Obligations. Each the Borrower’s Liabilities. (b) The Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(aParagraph 10(a) above of this Agreement shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of of, any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such the Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutesstatute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations Borrower’s Liabilities and the termination of this Agreement, the Forbearance Agreement, the Loan Agreement and the other Loan DocumentsOther Agreements.

Releases; Indemnities. (a) In further consideration of the Administrative Agent's and each Lender's ’s execution of this Agreement, each Borrower and each Guarantor, individually for itself and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or GuarantorBorrower), assigns, subsidiaries and Affiliates, hereby forever releases Administrative Agent and each Lender and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, employees directors, agents and attorneys (collectively, the "“Releasees"”) from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "“Claims") ”), that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement was executed including without limitation with respect to the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance Credit Agreement, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations, other than Claims arising out of such Releasee’s gross negligence or willful misconduct, as finally determined by a court of competent jurisdiction. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents or the Loan Credit Agreement including payment in full of all Secured Obligations. Each . (b) Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(a) above herein shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of of, any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutesstatute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement or any other document executed in connection herewith, other than arising out of such Releasees’ gross negligence or willful misconduct, as finally determined by a court of competent jurisdiction. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Credit Agreement and the other Loan Documents.

Releases; Indemnities. In further consideration of Agent's and each Lender's execution of this Agreement, each Borrower and each Guarantor, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or Guarantor), assigns, subsidiaries and Affiliates, hereby forever releases Agent and each Lender and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, directors, agents and attorneys (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "Claims") that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement was executed including without limitation with respect to the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(a3(A) above shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Agreement and the other Loan Documents

Releases; Indemnities. a. In further consideration of Agent's ’s and each Lender's Lenders’ execution of this Agreement, each Borrower and each GuarantorBorrower, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or GuarantorBorrower), assigns, subsidiaries and Affiliates, hereby forever releases Agent and each Lender Lenders and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, directors, agents and attorneys (collectively, the "“Releasees"”) from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "“Claims"”) that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Credit Agreement or other Loan Documents prior to the date this Agreement was executed including without limitation with respect to the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations. This provision shall survive and continue in full force and effect whether or not such (i) Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each , (ii) this Agreement otherwise is terminated, or (iii) Agent’s and Lenders’ forbearance ceases pursuant to this Agreement. b. Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(a11(a) above shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Agreement and the other Loan Documents.

Releases; Indemnities. (a) In further consideration of Agent's and each LenderXxxxxx's execution of this Agreement, each Borrower and each Guarantor, individually and on behalf of its respective successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or Guarantor), assigns, subsidiaries and Affiliatesaffiliates (collectively, the “Releasors”), hereby forever releases Agent and each Lender and their respective its successors, assigns, parents, subsidiaries, Affiliatesaffiliates, officers, employees, directors, agents and attorneys (collectively, the "“Releasees"”) from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and actions, causes of actions (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "“Claims"”) that such Borrower or Guarantor Releasors may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement was executed including including, without limitation limitation, with respect to the Secured Obligations, any Collateral, the Loan AgreementDocuments, the Forbearance Agreement, any other Loan Document and or any third parties liable in whole or in part for the Secured Obligations. This provision shall survive and continue in full force and effect whether or not such (i) any Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents Agreement or the Loan Agreement Documents, including payment in full of all Secured Obligations. Each Borrower , (ii) this Agreement otherwise is terminated, or (iii) the forbearance of Lender ceases pursuant to this Agreement. (b) The Releasors hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(a) above shall include an obligation agree to indemnify and hold the Releasees harmless with respect to any and all liabilities, claims, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding byproceeding, or on behalf of any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation regulations or common law principle principles arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of the Loan Documents, this Agreement or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Agreement and the other Loan Documents.

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's Lenders' execution of this AgreementFifteenth Amendment, each Borrower and each GuarantorBorrower, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or GuarantorBorrower), assigns, subsidiaries and Affiliates, hereby forever releases Agent and each Lender Lenders and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, directors, agents and attorneys (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "Claims") that such Borrower or Guarantor may have against the Releasees Releases which arise from or relate to any actions which the Releasees Releases may have taken or omitted to take in connection with the Forbearance Loan Agreement or other Loan Documents prior to the date this Agreement of the Fifteenth Amendment was executed including without limitation with respect to the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each . (b) Borrower hereby agrees that its obligation to indemnify and hold the Releasees Releases harmless as set forth in Section 3(a6(a) above shall include an obligation to indemnify and hold the Releasees Releases harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the ReleaseesReleases, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement Fifteenth Amendment or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance AgreementFifteenth Amendment, the Loan Agreement and the other Loan Documents.

Releases; Indemnities. In further (a) To the fullest extent permitted by applicable law, in consideration of Agent's , and each Lender's execution of the other Lenders entering into this Agreement, each and for other good and valuable consideration, the receipt and sufficiency of which Borrower and each Guarantorhereby acknowledges, individually Borrower, on its own behalf and on behalf of its successors (including, without limitation, any trustees receiver or trustee acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or GuarantorBorrower), assigns, subsidiaries and AffiliatesAffiliates (collectively, the "RELEASORS"), hereby forever releases Agent release, discharge and each Lender acquit Agent, and all Lenders at any time a party to this Agreement or the Prior Agreements and their respective successors, assigns, parents, subsidiariesshareholders, Affiliates, partners, trustees, officers, employees, directors, agents and attorneys attorneys, successors and assigns (collectively, the "ReleaseesRELEASEES") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions (whether at law or in equity) indebtedness and obligations (collectively, "CLAIMS") of every nature whatsoevertype, kind, nature, description or character, including, without limitation, any so-called "lender liability" claims or defenses, and irrespective of how, why or by reason of what facts, whether liquidated such Claims have heretofore arisen, are now existing or unliquidatedhereafter arise, or which could, might or be claimed to exist, of whatever kind or nature, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, matured or unmatured, fixed or contingent (collectivelycontingent, "Claims") that such Borrower each as though fully set forth herein at length, which may in any way arise out of, are connected with or Guarantor may have against the Releasees which arise from or in any way relate to any actions or omissions which the Releasees may have taken occurred on or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement was executed including without limitation hereof with respect to Borrower, this Agreement, the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance AgreementPrior Agreements, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, Agreement or the Loan Documents or the Loan Agreement including payment in full of all Secured the Obligations. . (b) Each Borrower hereby of the Releasors (other than Affiliates who are individuals) further agrees that its obligation to indemnify the Releasees and hold the Releasees harmless as set forth in Section 3(a) above shall include an obligation to indemnify from and hold the Releasees harmless with respect to against any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by such Claims (as such term is defined in the Releasees, or immediately preceding paragraph) which may be brought against any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or the Releasees on behalf of any entity or Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrowerthe Releasors, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement or any other document executed in connection herewithLoan Document, the Obligations, any Collateral or the Prior Agreements. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Agreement and the other Loan Documents. Signature Page to Amended and Restated Loan and Security Agreement BORROWER: USA DETERGENTS, INC., a Delaware corporation; BIG CLOUD POWDER CORPORATION, a Delaware corporation; CHICAGO MANAGEMENT POWDER CORP., a Delaware corporation CHICAGO CONTRACT POWDER CORPORATION, an Illinois corporation By /s/ Uri Evan ----------------------------------- Uri Evan, President and Chief Executive Officer of, and intending to legally bind, each of the above corporations. [Notary certification for Borrower attached] Signature Page to Amended and Restated Loan and Security Agreement AGENT: FINOVA CAPITAL CORPORATION, a Delaware corporation By /s/ Xxxxx X. Xxxxxx ------------------------ Vice President LENDERS: FINOVA CAPITAL CORPORATION, a Delaware corporation By /s/ Xxxxx X. Xxxxxx ------------------------ Vice President Notice Address: 0000 Xxxxx Xxxxxx--Xxxxx 000 Xxxx xx Xxxxxxx, XX 000000 Attn: Xx. Xxxxxxx Xxxxx Tel. No.: (000) 000-0000 Fax No.: (000) 000-0000 with a copy to: FINOVA Capital Corporation Attn: Group Counsel - Corporate Finance 0000 Xxxxx Xxxxxxx Xxxxxx Xxxx Xxxxxxx 0000 Xxxxxxx, Xxxxxxx 00000-0000 Fax No.: (000) 000-0000 COMMITMENT INITIAL REVOLVING CREDIT LOANS: $16,274,246 MAXIMUM REVOLVING CREDIT LOANS: $17,333,334 TERM LOAN A LOAN: $ 2,608,254 TERM LOAN B LOAN: $ 834,167 TERM LOAN C LOAN: $ 6,283,333 TOTAL DOLLAR COMMITMENT: $26,000,000 COMMITMENT PERCENTAGE: 43.33% TAX I.D. NO. 00-0000000 Signature Page to Amended and Restated Loan and Security Agreement

Releases; Indemnities. In further 16.1 To the fullest extent permitted by applicable law, in consideration of Agent's Agent and each Lender's execution of Lenders entering into this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which each Borrower and hereby acknowledges, each GuarantorBorrower, individually on its own behalf and on behalf of its successors (including, without limitation, any trustees receiver or trustee acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or GuarantorBorrower), assigns, subsidiaries and AffiliatesAffiliates (collectively, the “Releasors”), hereby forever releases release, discharge and acquit Agent and each Lender Lenders and their respective successors, assigns, parents, subsidiaries, shareholders, Affiliates, partners, trustees, officers, employees, directors, agents Agent and attorneys and their respective successors, heirs and assigns (collectively, the "“Releasees"”) from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions (whether at law or in equity) indebtedness and obligations (collectively, “Claims”) of every nature whatsoevertype, kind, nature, description or character, including, without limitation, any so-called “lender liability” claims or defenses, and irrespective of how, why or by reason of what facts, whether liquidated such Claims have heretofore arisen, are now existing or unliquidatedhereafter arise, or which could, might or be claimed to exist, of whatever kind or nature, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, matured or unmatured, fixed or contingent (collectivelycontingent, "Claims") that such Borrower each as though fully set forth herein at length, which may in any way arise out of, are connected with or Guarantor may have against the Releasees which arise from or in any way relate to any actions or omissions which the Releasees may have taken occurred on or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement was executed including without limitation hereof with respect to any Borrower, this Agreement, the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor Credit Parties shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents Agreement or the Loan Agreement Documents, including payment in full of all Secured the Obligations. . 16.2 Each Borrower hereby of the Releasors further agrees that its obligation to indemnify the Releasees and hold the Releasees harmless as set forth in Section 3(a) above shall include an obligation to indemnify from and hold the Releasees harmless with respect to against any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by such Claims (as such term is defined in the Releasees, or immediately preceding paragraph) which may be brought against any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or the Releasees on behalf of any entity or Person, including, without limitation, officers, directors, agentsAgent, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrowerthe Releasors, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutesstatute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement or any other document executed in connection herewithLoan Document, the Obligations or any Collateral. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Agreement and the other Loan Documents. 16.3 Each of the Releasors further specifically waives any rights that it may have under Section 1542 of the California Civil Code (to the extent applicable), 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,” and further waives any similar rights under applicable laws. [remainder of page intentionally left blank; signature page follows]

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's ’s execution of this Agreement, each Borrower and each Guarantorthe Borrower, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such the Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or Guarantorthe Borrower), assigns, subsidiaries and Affiliates, hereby forever releases Agent and each Lender and their its respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, employees directors, agents and attorneys (collectively, the "“Releasees"”) from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "“Claims") ”), that such the Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement was executed executed, including without limitation with respect to the Secured Borrower’s Obligations, any Collateral, the Loan Agreement, the Forbearance AgreementNote, any other Loan Document Documents and any third parties liable in whole or in part for the Secured Borrower’s Obligations. This provision shall survive and continue in full force and effect whether or not such the Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the other Loan Documents or the Loan Agreement Note, including payment in full of all Secured the Borrower’s Obligations. Each . (b) The Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(aParagraph 10(a) above of this Agreement shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of of, any Personperson, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such the Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutesstatute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Borrower’s Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Agreement Note and the other Loan Documents.

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's the Banks’ execution of this AgreementAmendment, each Borrower and each GuarantorBorrower, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or Guarantor)successors, assigns, subsidiaries and Affiliates, hereby forever releases Agent and each Lender Bank and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, employees directors, agents and attorneys (collectively, the "“Releasees"”) from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "“Claims") ”), that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement Amendment was executed executed, including without limitation with respect to the Secured ObligationsBorrower’s Liabilities, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document Other Agreement and any third parties liable in whole or in part for the Secured ObligationsBorrower’s Liabilities. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Amendment, the Other Agreements or the Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each Borrower’s Liabilities. (b) Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(aParagraph 8(a) above of this Amendment shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of of, any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutesstatute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement Amendment or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations Borrower’s Liabilities and the termination of this AgreementAmendment, the Forbearance Agreement, the Loan Agreement and the other Loan DocumentsOther Agreements.

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's ’s execution of this AgreementAmendment, each Borrower and each Guarantor, individually for itself and on behalf of its respective successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or GuarantorBorrower), assigns, subsidiaries and Affiliates, hereby forever releases Agent and each Lender and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, employees directors, agents and attorneys (collectively, the "Releasees"Releases”) from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions action (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "“Claims") ”), that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement Amendment was executed executed, including without limitation with respect to the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations, other than arising out of such Agent’s or such Lender’s gross negligence or willful misconduct. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance AgreementAmendment, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each . (b) Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(a) above herein shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgmentsjudgements, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of of, any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutesstatute, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement Amendment or any other document executed in connection herewith, other than arising out of such Releasees’ gross negligence or willful misconduct. The foregoing indemnity indeminity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance AgreementAmendment, the Loan Agreement and the other Loan Documents.

Releases; Indemnities. (a) In further consideration of Agent's and each Lender's execution of this Agreement, each Borrower and each GuarantorBorrower, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-in-possession with respect to such Borrower or GuarantorBorrower), assigns, subsidiaries and Affiliates, hereby forever releases Agent and each Lender and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, directors, agents and attorneys (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "Claims") that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Loan Agreement or other Loan Documents prior to the date this Agreement was executed including without limitation with respect to the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. . (b) Each Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(a) above shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Agreement and the other Loan Documents

Releases; Indemnities. (i) In further consideration of Agent's, Co-Agent's and each Lender's the Banks' execution of this AgreementAmendment, each Borrower and each GuarantorLoan Party, individually and on behalf of its their successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor any Loan Party and any debtor-in-possession with respect to such Borrower or Guarantorany Loan Party), assigns, subsidiaries and Affiliates, hereby forever releases release Agent, Cu-Agent and each Lender the Banks and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, employees directors, agents and attorneys (collectively, the "Releasees") from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "Claims") that such Borrower or Guarantor any Loan Party may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Agreement or other Loan Documents prior to the date this Agreement Amendment was executed including executed, including, without limitation limitation, with respect to the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance Credit Agreement, any other Loan Document and any third parties liable in whole or in part for the Secured Obligationsobligations. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor (i) the Loan Parties shall satisfy all other provisions of this Agreement, the Forbearance AgreementAmendment, the Loan Documents or and the Loan Agreement Credit Agreement, including payment in full of all Secured Obligations. , or (ii) the Credit Agreement otherwise is terminated. (ii) Each Borrower Loan Party hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(a6.3(i) above shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrowereach Loan Party, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement Amendment or any other document executed in connection herewith, other than acts constituting gross negligence or willful misconduct on the part of the Releasees. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance Agreement, the Loan Credit Agreement and the other Loan Documents.

Releases; Indemnities. (a) In further consideration of Agent's ’s and each Lender's Lenders’ execution of this AgreementFourteenth Amendment, each Borrower and each GuarantorBorrower, individually and on behalf of its successors (including, without limitation, any trustees acting on behalf of such Borrower or Guarantor and any debtor-–in-–possession with respect to such Borrower or GuarantorBorrower), assigns, subsidiaries and Affiliates, hereby forever releases Agent and each Lender Lenders and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, employees, directors, agents and attorneys (collectively, the "“Releasees"”) from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions and causes of actions (whether at law or in equity) and obligations of every nature whatsoever, whether liquidated or unliquidated, whether known or unknown, matured or unmatured, fixed or contingent (collectively, "“Claims"”) that such Borrower or Guarantor may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take in connection with the Forbearance Loan Agreement or other Loan Documents prior to the date this Agreement of the Fourteenth Amendment was executed including without limitation with respect to the Secured Obligations, any Collateral, the Loan Agreement, the Forbearance Agreement, any other Loan Document and any third parties liable in whole or in part for the Secured Obligations. This provision shall survive and continue in full force and effect whether or not such Borrower or Guarantor shall satisfy all other provisions of this Agreement, the Forbearance Agreement, the Loan Documents or the Loan Agreement including payment in full of all Secured Obligations. Each . (b) Borrower hereby agrees that its obligation to indemnify and hold the Releasees harmless as set forth in Section 3(a8(a) above shall include an obligation to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by, or on behalf of any Person, including, without limitation, officers, directors, agents, trustees, creditors, partners or shareholders of such Borrower or Guarantor any subsidiary or Affiliate of such Borrower, such Guarantor whether threatened or initiated, asserting any claim for legal or equitable remedy under any statutes, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of this Agreement Fourteenth Amendment or any other document executed in connection herewith. The foregoing indemnity shall survive the payment in full of the Secured Obligations and the termination of this Agreement, the Forbearance AgreementFourteenth Amendment, the Loan Agreement and the other Loan Documents.