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

Waiver of Certain Claims; Settlement of Claims. Each of the Borrowers and each of the Guarantors agrees to assert no claim against any of the Indemnitees on any theory of liability for consequential damages, indirect damages, exemplary damages, punitive damages or any other similar theory of damages howsoever categorized. No settlement shall be entered into by Brightpoint or any if its Subsidiaries with respect to any claim, litigation, arbitration or other proceeding relating to or arising out of the transaction evidenced by this Agreement or the other Loan Documents(whether or not any Agent, any Lender, any Issuing Lender or any Indemnitee is a party thereto) unless such settlement releases all Indemnitees from any and all liability with respect thereto.

Appears in 2 contracts

Samples: Multicurrency Credit Agreement (Brightpoint Inc), Security Agreement (Brightpoint Inc)

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Waiver of Certain Claims; Settlement of Claims. Each of the ---------------------------------------------------- Borrowers and each of the Guarantors Subsidiary Obligors agrees to assert no claim against any of the Indemnitees on any theory of liability for consequential damages, indirect damages, exemplary damages, punitive damages or any other similar theory of damages howsoever categorized. No settlement shall be entered into by Brightpoint the Company or any if its Subsidiaries with respect to any claim, litigation, arbitration or other proceeding relating to or arising out of the transaction evidenced by this Agreement or the other Loan Documents(whether or not any the Agent, any Lender, any Issuing Lender or any Indemnitee is a party thereto) unless such settlement releases all Indemnitees from any and all liability with respect thereto.

Appears in 2 contracts

Samples: Credit Agreement (Agribrands International Inc), Long Term Credit Agreement (Agribrands International Inc)

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Waiver of Certain Claims; Settlement of Claims. Each of the Borrowers and each of the Guarantors agrees to assert no claim against any of the Indemnitees on any theory of liability for consequential damages, indirect damages, exemplary damages, punitive damages or any other similar theory of damages howsoever categorized. No settlement shall be entered into by Brightpoint or any if its Subsidiaries with respect to any claim, litigation, arbitration or other proceeding relating to or arising out of the transaction evidenced by this Agreement or the other Loan Documents(whether Documents (whether or not any the Administrative Agent, any Lender, any Issuing Lender or 128 138 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: Multicurrency Credit Agreement (Brightpoint Inc)

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