Common use of Releases; Indemnities Clause in Contracts

Releases; Indemnities. (i) In further consideration of Agent's, Co-Agent's and the Banks' execution of this Amendment, each Loan Party, individually and on behalf of their successors (including, without limitation, any trustees acting on behalf of any Loan Party and any debtor-in-possession with respect to any Loan Party), assigns, subsidiaries and Affiliates, hereby forever release Agent, Co-Agent and the Banks 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 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 prior to the date this Amendment was executed, including, without limitation, with respect to the Obligations, any Collateral, the Credit Agreement, any other Loan Document and any third parties liable in whole or in part for the Obligations. This provision shall survive and continue in full force and effect whether or not (i) the Loan Parties shall satisfy all other provisions of this Amendment, the Loan Documents and the Credit Agreement, including payment in full of all Obligations, or (ii) the Credit Agreement otherwise is terminated.

Releases; Indemnities. (ia) In further consideration of Agent's, Co-Agent's and the Banks' ’s execution of this Amendment, each Loan Party, individually Borrower for itself and on behalf of their its respective successors (including, without limitation, any trustees acting on behalf of any Loan Party Borrower and any debtor-in-possession with respect to any Loan PartyBorrower), assigns, subsidiaries and Affiliates, hereby forever release Agent, Co-releases Agent and the Banks each Lender and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, 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 any Loan Party Borrower may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take prior to the date this Amendment was executed, including, including without limitation, limitation with respect to the Obligations, any Collateral, the Credit Loan Agreement, any other Loan Document and any third parties liable in whole or in part for the 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 (i) the Loan Parties Borrower shall satisfy all other provisions of this Amendment, the Loan Documents and or the Credit Agreement, Loan Agreement including payment in full of all Obligations, or (ii) the Credit Agreement otherwise is terminated.

Releases; Indemnities. (ia) In further consideration of Agent's, Co-Agent's and the Banks' Lender’s execution of this AmendmentAgreement, each Loan Partythe Borrower, individually and on behalf of their its successors (including, without limitation, any trustees acting on behalf of any Loan Party the Borrower and any debtor-in-possession with respect to any Loan Partythe Borrower), assigns, subsidiaries and Affiliates, hereby forever release Agent, Co-Agent releases Lender and the Banks and their its 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 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 any Loan Party the Borrower may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take prior to the date this Amendment Agreement was executed, including, including without limitation, limitation with respect to the Borrower’s Obligations, any Collateral, the Credit AgreementNote, any other Loan Document Documents and any third parties liable in whole or in part for the Borrower’s Obligations. This provision shall survive and continue in full force and effect whether or not (i) the Loan Parties Borrower shall satisfy all other provisions of this AmendmentAgreement, the other Loan Documents and or the Credit AgreementNote, including payment in full of all the Borrower’s Obligations, or (ii) the Credit Agreement otherwise is terminated.

Releases; Indemnities. (ia) In further consideration of Agent's, Co-Agent's and the Banks' Lender’s execution of this AmendmentAgreement, each Loan Forbearance Party, individually and on behalf of their such Forbearance Party’s successors (including, without limitation, any trustees or receivers acting on behalf of any Loan such Forbearance Party and any debtor-in-possession with respect to any Loan such Forbearance Party), assigns, subsidiaries and Affiliatesaffiliates, and each member of the Current Board (collectively, the “Releasors”), hereby forever release Agent, Co-Agent releases Lender and the Banks and their respective its successors, assigns, parents, subsidiaries, Affiliatesaffiliates, officers, employees 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 any Loan Party Releasors may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take prior to the date this Amendment Agreement was executed, executed including, without limitation, with respect to the Obligations, any Collateral, the Credit AgreementLoan Documents, any other Loan Document and or any third parties liable in whole or in part for the Obligations. This provision shall survive and continue in full force and effect whether or not (i) the Loan Parties any Forbearance Party shall satisfy all other provisions of this Amendment, Agreement or the Loan Documents and the Credit AgreementDocuments, including payment in full of all Obligations, or (ii) the Credit this Agreement otherwise is terminated, or (iii) the forbearance of Lender ceases pursuant to this Agreement.

Releases; Indemnities. (i) In further consideration of Agent's, Co-Agent's and the Banks' execution of this Amendment, each Loan Party, individually and on behalf of their successors (including, without limitation, any trustees acting on behalf of any Loan Party and any debtor-in-possession with respect to any Loan Party), assigns, subsidiaries and Affiliates, hereby forever release Agent, CoCu-Agent and the Banks 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 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 prior to the date this Amendment was executed, including, without limitation, with respect to the Obligations, any Collateral, the Credit Agreement, any other Loan Document and any third parties liable in whole or in part for the Obligationsobligations. This provision shall survive and continue in full force and effect whether or not (i) the Loan Parties shall satisfy all other provisions of this Amendment, the Loan Documents and the Credit Agreement, including payment in full of all Obligations, or (ii) the Credit Agreement otherwise is terminated.

Releases; Indemnities. (ia) In further consideration of Agent's, Co-Agent's ’s and the Banks' Lenders’ execution of this Fourteenth Amendment, each Loan PartyBorrower, individually and on behalf of their its successors (including, without limitation, any trustees acting on behalf of any Loan Party Borrower and any debtor-–in-–possession with respect to any Loan PartyBorrower), assigns, subsidiaries and Affiliates, hereby forever release Agent, Co-releases Agent and the Banks Lenders 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 any Loan Party Borrower 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 Loan Agreement prior to the date this of the Fourteenth Amendment was executed, including, executed including without limitation, limitation with respect to the Obligations, any Collateral, the Credit Loan Agreement, any other Loan Document and any third parties liable in whole or in part for the Obligations. This provision shall survive and continue in full force and effect whether or not (i) the Loan Parties Borrower shall satisfy all other provisions of this Amendment, the Loan Documents and or the Credit Agreement, Loan Agreement including payment in full of all Obligations, or (ii) the Credit Agreement otherwise is terminated.

Releases; Indemnities. (ia) In further consideration of Agent's, Co-AgentXxxxxx's and the Banks' execution of this AmendmentAgreement, each Loan PartyBorrower and each Guarantor, individually and on behalf of their its respective successors (including, without limitation, any trustees acting on behalf of any Loan Party such Borrower or Guarantor and any debtor-in-possession with respect to any Loan Partysuch Borrower or Guarantor), assigns, subsidiaries and Affiliatesaffiliates (collectively, the “Releasors”), hereby forever release Agent, Co-Agent releases Lender and the Banks and their respective its successors, assigns, parents, subsidiaries, Affiliatesaffiliates, officers, employees 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 any Loan Party Releasors may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take prior to the date this Amendment Agreement was executed, executed including, without limitation, with respect to the Obligations, any Collateral, the Credit AgreementLoan Documents, any other Loan Document and or any third parties liable in whole or in part for the Obligations. This provision shall survive and continue in full force and effect whether or not (i) the Loan Parties any Borrower or Guarantor shall satisfy all other provisions of this Amendment, Agreement or the Loan Documents and the Credit AgreementDocuments, including payment in full of all Obligations, or (ii) the Credit this Agreement otherwise is terminated, or (iii) the forbearance of Lender ceases pursuant to this Agreement.

Releases; Indemnities. (ia) In further consideration of Agent's, Co-Agent's and the Banks' execution of this AmendmentAgreement by Agent and the Lenders, each Loan PartyBorrower, individually and on behalf of their its successors (including, without limitation, any trustees acting on behalf of any Loan Party Borrower and any debtor-in-possession with respect to any Loan PartyBorrower), assigns, subsidiaries and Affiliatesaffiliates, (collectively, the “Releasors”), hereby forever release Agent, Co-Agent the Lenders and the Banks and each of their respective successors, assigns, parents, subsidiaries, Affiliatesaffiliates, officers, employees 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 any Loan Party Releasors may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take prior to the date this Amendment Agreement was executed, executed including, without limitation, with respect to the Obligations, any Collateral, the Credit AgreementLoan Documents, any other Loan Document and or any third parties liable in whole or in part for the Obligations. This provision shall survive and continue in full force and effect whether or not (i) the Loan Parties Borrower shall satisfy all other provisions of this Amendment, Agreement or the Loan Documents and the Credit AgreementDocuments, including payment in full of all Obligations, or (ii) the Credit this Agreement otherwise is terminated, or (iii) the agreements of Agent and the Lenders under Section 4(a) cease pursuant to this Agreement.

Releases; Indemnities. (i) a. In further consideration of Agent's, Co-Agent's ’s and the Banks' Lenders’ execution of this AmendmentAgreement, each Loan PartyBorrower, individually and on behalf of their its successors (including, without limitation, any trustees acting on behalf of any Loan Party Borrower and any debtor-in-possession with respect to any Loan PartyBorrower), assigns, subsidiaries and Affiliates, hereby forever release Agent, Co-releases Agent and the Banks Lenders 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 any Loan Party Borrower 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 Credit Agreement prior to the date this Amendment Agreement was executed, including, executed including without limitation, limitation with respect to the Obligations, any Collateral, the Credit Loan Agreement, any other Loan Document and any third parties liable in whole or in part for the Obligations. This provision shall survive and continue in full force and effect whether or not (i) the Loan Parties Borrower shall satisfy all other provisions of this AmendmentAgreement, the Loan Documents and or the Credit Agreement, Loan Agreement including payment in full of all Obligations, or (ii) the Credit this Agreement otherwise is terminated, or (iii) Agent’s and Lenders’ forbearance ceases pursuant to this Agreement.

Releases; Indemnities. (ia) In further consideration of Agent's, Co-Agent's and the Banks' ’ execution of this AmendmentAgreement, each Loan Partythe Borrower, individually and on behalf of their its successors (including, without limitation, any trustees acting on behalf of any Loan Party the Borrower and any debtor-in-possession with respect to any Loan Partythe Borrower), assigns, subsidiaries and Affiliates, hereby forever release Agent, Co-Agent and the Banks each Bank 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 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 any Loan Party the Borrower may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take prior to the date this Amendment Agreement was executed, including, including without limitation, limitation with respect to the ObligationsBorrower’s Liabilities, any Collateral, the Credit Loan Agreement, any other Loan Document Other Agreement and any third parties liable in whole or in part for the ObligationsBorrower’s Liabilities. This provision shall survive and continue in full force and effect whether or not (i) the Loan Parties Borrower shall satisfy all other provisions of this AmendmentAgreement, the Other Agreements or the Loan Documents and the Credit Agreement, including payment in full of all Obligations, or (ii) the Credit Agreement otherwise is terminatedBorrower’s Liabilities.

Releases; Indemnities. (i1) In further consideration of Agent's, Co-AgentBank's and the Banks' execution of this First Amendment, each Loan PartyBorrowers, individually and on behalf of their successors (including, without limitation, any trustees acting on behalf of any Loan Party Borrowers and any debtor-in-possession with respect to any Loan PartyBorrowers), assigns, subsidiaries Subsidiaries and Affiliates, hereby forever release Agent, Co-Agent Bank and the Banks and their its respective successors, assigns, parents, subsidiariesSubsidiaries, 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 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 any Loan Party Borrowers may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take prior to the date this First Amendment was executed, including, without limitation, with respect to the ObligationsBorrowers' obligations, any Collateral, the Credit Loan and Security Agreement, any other Loan Document Other Agreements and any third parties liable in whole or in part for the ObligationsBorrowers' obligations. This provision shall survive and continue in full force and effect whether or not (i) the Loan Parties Borrowers shall satisfy all other provisions of this First Amendment, the Loan Documents or the Loan and the Credit Agreement, Security Agreement including payment in full of all Obligations, or (ii) the Credit Agreement otherwise is terminatedof Borrowers' obligations.

Releases; Indemnities. (ia) In further consideration of Agent's, Co-Agent's and the Banks' ’s execution of this Amendment, each Loan Party, individually Borrower for itself and on behalf of their its respective successors (including, without limitation, any trustees acting on behalf of any Loan Party Borrower and any debtor-in-possession with respect to any Loan PartyBorrower), assigns, subsidiaries and Affiliates, hereby forever release Agent, Co-releases Agent and the Banks each Lender and their respective successors, assigns, parents, subsidiaries, Affiliates, officers, 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 any Loan Party may have against the Releasees which arise from or relate to any actions which the Releasees Borrower may have taken or omitted to take prior to the date this Amendment was executed, including, including without limitation, limitation with respect to the Obligations, any Collateral, the Credit Loan Agreement, any other Loan Document and any third parties liable in whole or in part for the 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 (i) the Loan Parties Borrower shall satisfy all other provisions of this Amendment, the Loan Documents and or the Credit Agreement, Loan Agreement including payment in full of all Obligations, or (ii) the Credit Agreement otherwise is terminated.

Releases; Indemnities. (ia) In further consideration of the Administrative Agent's, Co-Agent's and the Banks' ’s execution of this AmendmentAgreement, each Loan Party, individually Borrower for itself and on behalf of their its successors (including, without limitation, any trustees acting on behalf of any Loan Party such Borrower and any debtor-in-possession with respect to any Loan PartyBorrower), assigns, subsidiaries and Affiliates, hereby forever release Agent, Co-releases Administrative Agent and the Banks 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 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 any Loan Party Borrower may have against the Releasees which arise from or relate to any actions which the Releasees may have taken or omitted to take prior to the date this Amendment Agreement was executed, including, without limitation, executed with respect to the Obligations, any Collateral, the Credit Agreement, any other Loan Document and any third parties liable in whole or in part for the 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 (i) the Loan Parties Borrower shall satisfy all other provisions of this AmendmentAgreement, the Loan Documents and or the Credit Agreement, Agreement including payment in full of all Obligations, or (ii) the Credit Agreement otherwise is terminated.

Releases; Indemnities. (ia) In further consideration of Agent's, Co-Agent's and the Banks' each Lender's execution of this AmendmentAgreement, each Loan PartyBorrower, individually and on behalf of their its successors (including, without limitation, any trustees acting on behalf of any Loan Party such Borrower and any debtor-in-possession with respect to any Loan Partysuch Borrower), assigns, subsidiaries and Affiliates, hereby forever release Agent, Co-releases Agent and the Banks 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 (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 any Loan Party such Borrower 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 Loan Agreement prior to the date this Amendment Agreement was executed, including, executed including without limitation, limitation with respect to the Secured Obligations, any Collateral, the Credit Loan 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 (i) the Loan Parties such Borrower shall satisfy all other provisions of this AmendmentAgreement, the Loan Documents and or the Credit Agreement, Loan Agreement including payment in full of all Secured Obligations, or (ii) the Credit Agreement otherwise is terminated.

Releases; Indemnities. (ia) In further consideration of Agent's, Co-Agent's and the BanksLenders' execution of this Fifteenth Amendment, each Loan PartyBorrower, individually and on behalf of their its successors (including, without limitation, any trustees acting on behalf of any Loan Party Borrower and any debtor-in-possession with respect to any Loan PartyBorrower), assigns, subsidiaries and Affiliates, hereby forever release Agent, Co-releases Agent and the Banks Lenders 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 any Loan Party Borrower 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 Loan Agreement prior to the date this of the Fifteenth Amendment was executed, including, executed including without limitation, limitation with respect to the Obligations, any Collateral, the Credit Loan Agreement, any other Loan Document and any third parties liable in whole or in part for the Obligations. This provision shall survive and continue in full force and effect whether or not (i) the Loan Parties Borrower shall satisfy all other provisions of this Amendment, the Loan Documents and or the Credit Agreement, Loan Agreement including payment in full of all Obligations, or (ii) the Credit Agreement otherwise is terminated.