Common use of WAIVER OF DEFENSES AND RELEASE OF CLAIMS Clause in Contracts

WAIVER OF DEFENSES AND RELEASE OF CLAIMS. Borrower hereby (i) represents that neither the Borrower nor any affiliate or principal of Borrower has any defenses to or setoffs against any obligations owing by Borrower, or by Borrower’s affiliates or principals, to Lender or Lender’s affiliates, nor any claims against Lender or Lender’s affiliates for any matter whatsoever, related or unrelated to any obligations, and (ii) releases Lender and Lender’s affiliates, officers, directors, employees, representatives and agents from all claims, causes of action, and costs, in law or equity, known or unknown, whether or not matured or contingent, existing as of the date hereof that Borrower has or may have by reason of any matter of any conceivable kind or character whatsoever, related or unrelated to the Loan, including the subject matter of the Loan Documents. The foregoing release does not apply, however, to claims for future performance of express contractual obligations that mature after the date hereof that are owing to Borrower by Lender or Lender’s affiliates. Borrower acknowledges that Lender has been induced to enter into or continue the obligations by, among other things, the waivers and releases in this paragraph.

Appears in 2 contracts

Samples: Loan Agreement (inContact, Inc.), Loan Agreement (inContact, Inc.)

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WAIVER OF DEFENSES AND RELEASE OF CLAIMS. Borrower The undersigned hereby (i) represents that neither the Borrower nor any affiliate or principal of Borrower has undersigned does not have any defenses to or setoffs against any indebtedness or other obligations owing in connection with the Loan by Borrower, or by Borrower’s affiliates or principals, to Lender or Lender’s affiliates's affiliates (the “Owed Obligations”), nor any claims against Lender or Lender’s 's affiliates for any matter whatsoever, related or unrelated to any obligationsthe Owed Obligations, and (ii) releases Lender and Lender’s 's affiliates, officers, directors, employees, representatives employees and agents from all claims, causes of action, and costs, in law or equity, known or unknown, whether or not matured or contingent, existing as of the date hereof that Borrower the undersigned has or may have by reason of any matter of any conceivable kind or character whatsoever, related or unrelated to the LoanOwed Obligations, including the subject matter of this Agreement as of the Loan Documentsdate hereof. The foregoing release does not apply, however, to claims for future performance of express contractual obligations that mature after the date hereof that are owing to Borrower the undersigned by Lender or Lender’s 's affiliates. Borrower As used in this paragraph, the word “undersigned” does not include Lender or any individual signing on behalf of Lender. The undersigned acknowledges that Lender has been induced to enter into or continue the obligations Owed Obligations by, among other things, the waivers and releases in this paragraph.. 

Appears in 2 contracts

Samples: Loan and Security Agreement (Bluegreen Vacations Holding Corp), Loan and Security Agreement (Bluegreen Vacations Corp)

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WAIVER OF DEFENSES AND RELEASE OF CLAIMS. Borrower The undersigned hereby (i) represents that neither the Borrower undersigned nor any affiliate or principal of Borrower the undersigned has any defenses to or setoffs against any obligations the Obligations owing by Borrowerthe undersigned, or by Borrower’s the undersigned's affiliates or principals, to Lender or Lender’s 's affiliates, nor any claims against Lender or Lender’s 's affiliates for any matter whatsoever, related or unrelated to any obligationsthe Obligations, and (ii) releases Lender and Lender’s 's affiliates, officers, directors, employees, representatives employees and agents from all claims, causes of action, and costs, in law or equity, known or unknown, whether or not matured or contingent, existing as of the date hereof that Borrower the undersigned has or may have by reason of any matter of any conceivable kind or character whatsoever, related or unrelated to the LoanObligations, including the subject matter of the Loan Documentsthis Agreement. The foregoing release does not apply, however, to claims for future performance of express contractual obligations that mature after the date hereof that are owing to Borrower the undersigned by Lender or Lender’s 's affiliates. Borrower The undersigned acknowledges that Lender has been induced to enter into or continue the obligations Obligations by, among other things, the waivers and releases in this paragraph..  [SIGNATURE PAGE FOLLOWS]  

Appears in 1 contract

Samples: Loan Agreement (Ministry Partners Investment Company, LLC)

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