Common use of Waiver, Release and Disclaimer Clause in Contracts

Waiver, Release and Disclaimer. SECTION 7.1 IN CONSIDERATION OF, AMONG OTHER THINGS, THE EXECUTION AND DELIVERY OF THIS SECOND AMENDMENT BY THE AGENTS AND EACH LENDER PARTY THAT IS A PARTY HERETO, EACH LOAN PARTY HEREBY IRREVOCABLY FOREVER RELEASES AND DISCHARGES THE LENDERS AND AGENTS AND THEIR AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND ATTORNEYS (EACH, A “RELEASED PERSON”) OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, INVESTIGATIONS, PROCEEDINGS OR DEMANDS, WHETHER BASED IN CONTRACT, TORT, IMPLIED OR EXPRESS WARRANTY, STRICT LIABILITY, CRIMINAL OR CIVIL STATUTE OR COMMON LAW OF ANY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH SUCH LOAN PARTY EVER HAD OR NOW HAS AGAINST THE AGENTS, ANY OTHER SECURED PARTY OR ANY OTHER RELEASED PERSON WHICH RELATES, DIRECTLY OR INDIRECTLY, TO ANY ACTS OR OMISSIONS OF AGENTS, ANY LENDER PARTY OR ANY OTHER RELEASED PERSON RELATING TO THE EXISTING LOAN AGREEMENT OR ANY OTHER LOAN DOCUMENT ON OR PRIOR TO THE DATE OF EXECUTION OF THIS AMENDMENT. THE PROVISIONS OF THIS SECTION 7.1 SHALL SURVIVE THE TERMINATION OF THIS AMENDMENT, THE LOAN AGREEMENT, THE OTHER LOAN DOCUMENTS, OR PAYMENT IN FULL OF THE SECURED OBLIGATIONS AND THE TERMINATION OF ALL TERM COMMITMENTS.

Waiver, Release and Disclaimer. SECTION 7.1 IN CONSIDERATION OF, AMONG OTHER THINGS, OF THE EXECUTION LENDERS’ AND DELIVERY OF AGENT’S AGREEMENTS CONTAINED IN THIS SECOND AMENDMENT BY THE AGENTS AND EACH LENDER PARTY THAT IS A PARTY HERETOAMENDMENT, EACH LOAN CREDIT PARTY HEREBY IRREVOCABLY FOREVER RELEASES AND FOREVER DISCHARGES THE LENDERS AND AGENTS AGENT AND THEIR AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND ATTORNEYS (EACH, A “RELEASED PERSON”) OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, INVESTIGATIONS, PROCEEDINGS OR DEMANDS, WHETHER BASED IN CONTRACT, TORT, IMPLIED OR EXPRESS WARRANTY, STRICT LIABILITY, CRIMINAL OR CIVIL STATUTE OR COMMON LAW OF ANY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH SUCH LOAN CREDIT PARTY EVER HAD OR NOW HAS AGAINST THE AGENTSAGENT, ANY OTHER SECURED PARTY LENDER OR ANY OTHER RELEASED PERSON WHICH RELATES, DIRECTLY OR INDIRECTLY, TO ANY ACTS OR OMISSIONS OF AGENTSAGENT, ANY LENDER PARTY OR ANY OTHER RELEASED PERSON RELATING TO THE EXISTING LOAN CREDIT AGREEMENT OR ANY OTHER LOAN DOCUMENT ON OR PRIOR TO THE DATE OF EXECUTION OF THIS AMENDMENT. THE PROVISIONS OF THIS SECTION 7.1 SHALL SURVIVE THE TERMINATION OF THIS AMENDMENT, THE LOAN AGREEMENT, THE OTHER LOAN DOCUMENTS, OR PAYMENT IN FULL OF THE SECURED OBLIGATIONS AND THE TERMINATION OF ALL TERM COMMITMENTSFIRST AMENDMENT EFFECTIVE DATE.

Waiver, Release and Disclaimer. SECTION 7.1 IN CONSIDERATION OF, AMONG OTHER THINGS, OF THE EXECUTION LENDERS’ AND DELIVERY OF AGENT’S AGREEMENTS CONTAINED IN THIS SECOND AMENDMENT BY THE AGENTS AND EACH LENDER PARTY THAT IS A PARTY HERETOAMENDMENT, EACH LOAN CREDIT PARTY HEREBY IRREVOCABLY FOREVER RELEASES AND FOREVER DISCHARGES THE LENDERS AND AGENTS AGENT AND THEIR AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND ATTORNEYS (EACH, A “RELEASED PERSON”) OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, INVESTIGATIONS, PROCEEDINGS OR DEMANDS, WHETHER BASED IN CONTRACT, TORT, IMPLIED OR EXPRESS WARRANTY, STRICT LIABILITY, CRIMINAL OR CIVIL STATUTE OR COMMON LAW OF ANY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH SUCH LOAN CREDIT PARTY EVER HAD OR NOW HAS AGAINST THE AGENTSAGENT, ANY OTHER SECURED PARTY LENDER OR ANY OTHER RELEASED PERSON WHICH RELATES, DIRECTLY OR INDIRECTLY, TO ANY ACTS OR OMISSIONS OF AGENTSAGENT, ANY LENDER PARTY OR ANY OTHER RELEASED PERSON RELATING TO THE EXISTING LOAN CREDIT AGREEMENT OR ANY OTHER LOAN DOCUMENT ON OR PRIOR TO THE DATE OF EXECUTION OF THIS AMENDMENT. THE PROVISIONS OF THIS SECTION 7.1 SHALL SURVIVE THE TERMINATION OF THIS AMENDMENT, THE LOAN AGREEMENT, THE OTHER LOAN DOCUMENTS, OR PAYMENT IN FULL OF THE SECURED OBLIGATIONS AND THE TERMINATION OF ALL TERM COMMITMENTS.Exhibit 10.44

Waiver, Release and Disclaimer. SECTION 7.1 IN CONSIDERATION OF, AMONG OTHER THINGS, OF THE EXECUTION LENDERS’ AND DELIVERY OF AGENT’S AGREEMENTS CONTAINED IN THIS SECOND AMENDMENT BY THE AGENTS AND EACH LENDER PARTY THAT IS A PARTY HERETOAMENDMENT, EACH LOAN CREDIT PARTY HEREBY IRREVOCABLY FOREVER RELEASES AND FOREVER DISCHARGES THE LENDERS AND AGENTS AGENT AND THEIR AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND ATTORNEYS (EACH, A “RELEASED PERSON”) OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, INVESTIGATIONS, PROCEEDINGS OR DEMANDS, WHETHER BASED IN CONTRACT, TORT, IMPLIED OR EXPRESS WARRANTY, STRICT LIABILITY, CRIMINAL OR CIVIL STATUTE OR COMMON LAW OF ANY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH SUCH LOAN CREDIT PARTY EVER HAD OR NOW HAS AGAINST THE AGENTSAGENT, ANY OTHER SECURED PARTY LENDER OR ANY OTHER RELEASED PERSON WHICH RELATES, DIRECTLY OR INDIRECTLY, TO ANY ACTS OR OMISSIONS OF AGENTSAGENT, ANY LENDER PARTY OR ANY OTHER RELEASED PERSON RELATING TO THE EXISTING LOAN CREDIT AGREEMENT OR ANY OTHER LOAN DOCUMENT ON OR PRIOR TO THE DATE OF EXECUTION OF THIS AMENDMENT. THE PROVISIONS OF THIS SECTION 7.1 SHALL SURVIVE THE TERMINATION OF THIS AMENDMENT, THE LOAN AGREEMENT, THE OTHER LOAN DOCUMENTS, OR PAYMENT IN FULL OF THE SECURED OBLIGATIONS AND THE TERMINATION OF ALL TERM COMMITMENTS.