Common use of Releasors Clause in Contracts

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. 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 XxxxxxxxxxXxxxxxx Xxxxxxx, Xxxxx Xxxxxxx L.L.P. and Xxxx Xxxxxxxxxx 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 any Purchaser Indemnitees Indemnitee 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 the Releasees in the event such Releasee they or any of them 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 representation 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.