Releasors. This General Release is being made by you for yourself and on behalf of your heirs, executors, administrators, dependents, trustees, legal representatives and assigns.
Releasors intending to be legally bound and for and in consideration of the benefits described in the Agreement, do for themselves, their heirs, executors, administrators, representatives, successors and assigns hereby remise, release and forever discharge Xxxxxx Xxxxxxxxxx, Xxxxx Xxxxxxx and their affiliates (the "Releasees"), from any and all actions and causes of action, claims and demands, suits, damages including liquidated damages, attorneys' fees, expenses, debts, dues, accounts, bonds, covenants, contracts, agreements and compensation whatsoever and from any claims for retaliation, and from any and all other claims of any nature whatsoever against the Releasees, whether known or unknown or whether asserted or unasserted, arising with respect to the transactions contemplated by the Recapitalization Agreement (as such term is defined in the Recapitalization Agreement), including any claim for attorneys' fees and costs, from the beginning of time to the date of the Agreement; provided, however, that in the event that Releasors indemnifies the Company or the Purchaser Indemnitees with respect to one or more breaches of representations and warranties pursuant to the Recapitalization Agreement in an aggregate amount greater than $6 million, Releasors do not release and specifically reserve their right to xxx a Releasee in the event such Releasee knowingly caused such representations to be inaccurate, but such right to xxx will be limited to the recovery of amounts paid by Releasors to the Company or the Purchaser Indemnitees in excess of $6 million with respect to such breaches of representations and warranties in the Recapitalization Agreement. Releasors specifically do not release Xxxxx Xxxxxxx with respect to any contribution rights they may have against Xxxxx Xxxxxxx for his pro rata share of any indemnification payments he is obligated to pay as a Current Owner pursuant to the Recapitalization Agreement.
Releasors. A. Each Borrower and Guarantor hereby acknowledges and agrees that, as of the Effective Date, no right of offset, defense, counterclaim, claim, cause of action or objection in favor of any Borrower and Guarantor against the Lenders (including all lenders prior to the Effective Date) or the Agent, any other agent or any Issuer exists arising out of or with respect to (i) the Indebtedness, the Loan Agreement or any of the other Loan Documents; (ii) any other documents evidencing, securing or in any way relating to the foregoing, or (iii) the administration or funding of the Loans, the Commitment or the issuance of Letters of Credit or Tri-Party Agreements.
B. Each Borrower and Guarantor hereby expressly waives, releases and relinquishes any and all defenses, setoffs, claims, counterclaims, causes of action or objections, if any, against such Lenders, the Agent, the other agents or any Issuer, whether known or unknown, both at law and in equity, only to the extent arising out of any matter, cause or event occurring on or prior to the Effective Date.
C. Each Borrower and Guarantor for itself, each other Borrower and Guarantor and their respective successors and assigns in interest and any person that may derivatively or otherwise assert a claim through or by any of the foregoing to the fullest extent permitted by applicable law (collectively, the “Releasors”) waives and releases against each Agent, each Issuer and each Lender and each of their respective employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, related corporate divisions, participants and assigns (collectively, the “Releasees”), and covenants not to commence or pursue any litigation or action, claims, demands, causes of action, suits, debts, sums of money, accounts, bonds, bills, covenants, contracts, controversies, agreements, promises, setoffs, recoupments, counterclaims, defenses, expenses, damages and/or judgments, whatsoever in law or in equity (whether matured, unmatured, contingent or non-contingent) that relate in any way, either directly or indirectly, to the Loan Agreement, any other Loan Documents, the transactions contemplated thereby or any action by Agents, Lenders or any other Releasee in any way related thereto, whether known or unknown, which each of the Releasors had, now has or may have, in each case only to the extent arising out of an...
Releasors. Xxxxxx X. XxXxxx
Releasors intending to be legally bound, have voluntarily executed this Release with full understanding of the contents hereof and after having had ample time to review and study the Agreement and this Release. * * * * * Signed and executed this ____ day of April, 1999. ___________________________ XXX X. XXXXXXX XXXXXXX IRON AND METAL COMPANY By_________________________ Its________________________ XXXXXXX XXXXX RENTAL, INC. By_________________________ Its________________________ XXXXXXX XXXXX RENTAL OF TEXAS, INC. By_________________________ Its________________________ XXXXXXX XXXXX RENTAL OF GEORGIA, INC. By_________________________ Its________________________ ACR ACQUISITIONS, INC. By_________________________ Its________________________ EXHIBIT III READ CAREFULLY AND CONSULT WITH YOUR ------------------------------------ ATTORNEY BEFORE SIGNING ----------------------- RELEASE -------
1. In full consideration of the execution of this Release by the undersigned ("Releasors"), Xxxxxxx Xxxxx Rental, L.P. and its affiliates (the "Company") will provide Releasors with the consideration and other rights set forth in the resignation and amendment agreement (the "Agreement") dated April 29, 1999 to which this Release is attached as Exhibit III.
Releasors intending to be legally bound and for and in consideration of the benefits described in the Agreement, does for themselves, their heirs, executors, administrators, successors and assigns hereby remise, release and forever discharge the Company, Xxxxxxx Xxxxx Rental Holdings, L.P., ACR Management, L.L.C., Xxxx/ACR, L.L.C., and their successors, predecessors, subsidiaries, affiliates, directors, members of the board of managers, officers, agents and employees, and all persons, corporations or other entities who might be claimed to be jointly and severally liable with them (the "Releasees"), from any and all actions and causes of action, claims and demands, suits, damages including back pay, front pay, employee benefits, bonuses, liquidated damages, attorneys' fees, expenses, debts, dues, accounts, bonds, covenants, contracts, agreements and compensation whatsoever and from any claims for retaliation, and from any and all other claims of any nature whatsoever against the Releasees, whether known or unknown or whether asserted or unasserted, including but not limited to claims under the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), Title VII of the Civil Rights Act of 1964 (42 U.S.C. ------ Section 2000e et seq.), the Consolidated Omnibus Budget Reconciliation Act of ------ 1985 (29 U.S.C. Section 1161 et seq.), and the Age Discrimination in Employment ------ Act (29 U.S.C. Section 626 et seq.), claims for breach of contract, ------ discrimination, wrongful discharge, tortious interference with contract, intentional and negligent infliction of emotional distress, fraud, conspiracy and any other statutory or common law theories, including any claim for attorneys' fees and costs, from the beginning of time to the date of execution of this Release, which they or anyone claiming by, through or under them in any way might have or could claim against the Releasees; provided that, Releasors specifically do not release and specifically reserve all of their contractual rights with respect to the following:
(a) the Agreement;
(b) the Securityholders Agreement;
(c) the agreement of limited partnership of Xxxxxxx Xxxxx Rental Holdings, L.P.;
(d) the agreement of limited liability company of ACR Management, L.L.C.; and
(e) the Registration Agreement.
Releasors. “Releasors” means, individually and collectively, the Class Members, for and on behalf of themselves, and any or all of their past, present, and future affiliates, divisions, parents, subsidiaries, and related Persons, and any or all of their past, present, and future officers, directors, managers, members, partners, shareholders, agents, attorneys, employees, representatives, trustees, heirs, executors, administrators, predecessors, successors, assignees, contractors, vendors, and insurers, and any Person acting or purporting to act or claim by, through, or on behalf of any of them, in each case whether they object to this Agreement, the Preliminary Approval Order, the Final Approval Order, or the Final Judgment, whether they receive actual notices or other communications in connection with any of the foregoing, or whether they receive, realize, or derive any funds, property, benefit, or thing of value from any of the foregoing or the Cash Fund, the Gross Deficiency Waiver Amount, or any other consideration described in this Agreement. Excluded from “Releasors,” however, are any Persons who timely and validly exclude themselves in compliance with procedures established by the Court and Paragraphs 8.1 and 8.2.
Releasors. “Releasors” means the Class Representative and all Settlement Class Members, and each of their respective heirs, executors, administrators, assigns, predecessors, and successors, and any other person claiming by or through any or all of them. The Releasors shall not include: (a) any members of the Settlement Class who opt out of the Settlement under Paragraph 8; or (b) any person(s) not identified by SMCU as a member of the Settlement Class on Exhibit C.
Releasors. “Releasors” means the Named Plaintiffs and the other LaSalle Settlement Class Members, and each of their respective heirs, executors, administrators, assigns, predecessors, and successors, and any other person claiming by or through any or all of them. The Releasors shall not include any of the following: (a) any members of the LaSalle Settlement Class who timely opt out of the Settlement in accordance with Paragraph 9 below; (b) any persons not identified on Exhibit D, attached; or (c) the Non-LaSalle Plaintiff Borrowers. It is understood that the releases to be given by the “Releasors,” as defined herein, shall only release the Released Persons from the Released Claims, and nothing more, as provided herein.
Releasors. “Releasors” means the Plaintiffs’ Counsel, Named Plaintiffs and the other Advanta Settlement Class Members, and each of their respective heirs, executors, administrators, assigns, predecessors, and successors, and any other person claiming by or through any or all of them. It is understood that the releases to be given by the “Releasors,” as defined herein, shall only release the Released Persons from the Released Claims, and nothing more, as provided herein.
