Common use of Waiver of Certain Claims; Settlement of Claims Clause in Contracts

Waiver of Certain Claims; Settlement of Claims. The Borrower further agrees to assert no claim against any of the Indemnitees on any theory of liability for consequential, special, indirect, exemplary or punitive damages. No settlement shall be entered into by the Borrower or any if its Subsidiaries with respect to any claim, litigation, arbitration or other proceeding relating to or arising out of the transactions evidenced by this Agreement, the other Loan Documents or in connection with the Initial Acquisitions, any Permitted Acquisition, the Mergers, the Public Offering or Related Transactions (whether or not the Agent or any Lender or any Indemnitee is a party thereto) unless such settlement releases all Indemnitees from any and all liability with respect thereto.

Appears in 4 contracts

Samples: Credit Agreement (Landcare Usa Inc), Credit Agreement (Transportation Components Inc), Credit Agreement (Homeusa Inc)

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Waiver of Certain Claims; Settlement of Claims. The Borrower further agrees to assert no claim against any of the Indemnitees on any theory of liability for consequential, special, indirect, exemplary or punitive damages. No settlement shall be entered into by the Borrower or any if of its Subsidiaries with respect to any claim, litigation, arbitration or other proceeding with respect to which any Agent or any Lender or any Indemnitee is a party (or in connection with which liability has been asserted against any Agent or any Lender or any Indemnitee) and relating to or arising out of the transactions evidenced by this Agreement, the other Loan Documents or in connection with the Initial Acquisitions, any Permitted Acquisition, the Mergers, the Public Offering or Related Transactions (whether or not the Agent or any Lender or any Indemnitee is a party thereto) Xxxxxxxx Acquisition Documents unless such settlement releases all Indemnitees from any and all liability with respect thereto.

Appears in 2 contracts

Samples: Term Credit Agreement (Ball Corp), Long Term Credit Agreement (Ball Corp)

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Waiver of Certain Claims; Settlement of Claims. The Borrower further agrees to assert no claim against any of the Indemnitees on any theory of liability for consequential, special, indirect, exemplary or punitive damages. No settlement shall be entered into by the Borrower or any if its Subsidiaries with respect to any claim, litigation, arbitration or other proceeding relating to or arising out of the transactions evidenced by this Agreement, the other Loan Documents or in connection with the Initial Acquisitions, any Permitted Acquisition, the Mergers, the Public Offering Offerings or Related Transactions (whether or not the Agent or any Lender or any Indemnitee is a party thereto) unless such settlement releases all Indemnitees from any and all liability with respect thereto.

Appears in 1 contract

Samples: Credit Agreement (Metals Usa Inc)

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