Common use of Waiver; Release Clause in Contracts

Waiver; Release. To induce Agent and Sole Lender to enter into this Amendment, including providing the waivers provided for herein, and for other good and valuable consideration, each Obligor hereby forever waives, relieves, releases, and forever discharges Agent and Sole Lender, together with its respective present or former employees, officers, directors, agents, representatives, attorneys, and each of them, from any and all claims, debts, liabilities, demands, obligations, promises, acts, agreements, costs and expenses, actions and causes of action, of every type, kind, nature, description or character whatsoever, whether known or unknown, suspected or unsuspected, absolute or contingent, arising out of or in any manner whatsoever connected with or related to facts, circumstances, issues, controversies or claims, or by reason of any matter, cause or anything whatsoever existing or arising from the beginning of time through and including the date of execution of this Amendment relating to or arising out of the Loan Agreement and any of the Loan Documents or otherwise, including, without limitation, any actual or alleged act or omission of or on behalf of Agent and/or Sole Lender with respect to the Loan Documents and any security interest, Liens or Collateral in connection therewith, or the enforcement of any of Agent and/or Sole Lender’s rights or remedies thereunder (collectively “Released Claims”). Without limiting the foregoing, the Released Claims shall include any and all liabilities or claims arising out of or in any manner whatsoever connected with or related to the Loan Agreement and the other Loan Documents, this Amendment, the Recitals hereto, any instruments, agreements or documents executed in connection with any of the foregoing, and/or the origination, negotiation, administration, servicing and/or enforcement of any of the foregoing.

Waiver; Release. To induce Agent and Sole Lender Lenders to enter into this Amendment, including providing the waivers provided for herein, and for other good and valuable consideration, each Obligor Borrower hereby forever waives, relieves, releases, and forever discharges Agent and Sole each Lender, together with its respective present or former employees, officers, directors, agents, representatives, attorneys, and each of them, from any and all claims, debts, liabilities, demands, obligations, promises, acts, agreements, costs and expenses, actions and causes of action, of every type, kind, nature, description or character whatsoever, whether known or unknown, suspected or unsuspected, absolute or contingent, arising out of or in any manner whatsoever connected with or related to facts, circumstances, issues, controversies or claims, or by reason of any matter, cause or anything whatsoever existing or arising from the beginning of time through and including the date of execution of this Amendment relating to or arising out of the Loan Agreement and any of the Loan Documents or otherwise, including, without limitation, any actual or alleged act or omission of or on behalf of Agent and/or Sole any Lender with respect to the Loan Documents and any security interest, Liens or Collateral in connection therewith, or the enforcement of any of Agent and/or Sole Lender’s Lenders’ rights or remedies thereunder (collectively “Released Claims”). Without limiting the foregoing, the Released Claims shall include any and all liabilities or claims arising out of or in any manner whatsoever connected with or related to the Loan Agreement and the other Loan Documents, this Amendment, the Recitals hereto, any instruments, agreements or documents executed in connection with any of the foregoing, and/or the origination, negotiation, administration, servicing and/or enforcement of any of the foregoing.

Waiver; Release. To induce Agent and Sole Lender to enter into this Amendment, including providing the waivers provided for herein, and for other good and valuable consideration, each Obligor hereby forever waives, relieves, releases, and forever discharges Agent and Sole Lender, together with its respective present or former employees, officers, directors, agents, representatives, attorneys, and each of them, from any and all claims, debts, liabilities, demands, obligations, promises, acts, agreements, costs and expenses, actions and causes of action, of every type, kind, nature, description or character whatsoever, whether known or unknown, suspected or unsuspected, absolute or contingent, arising out of or in any manner whatsoever connected with or related to facts, circumstances, issues, controversies or claims, or by reason of any matter, cause or anything whatsoever existing or arising from the beginning of time through and including the date of execution of this Amendment relating to or arising out of the Loan Agreement and any of the Loan Documents or otherwise, including, without limitation, any actual or alleged act or omission of or on behalf of Agent and/or Sole Lender with respect to the Loan Documents and any security interest, Liens or Collateral in connection therewith, or the enforcement of any of Agent and/or Sole Lender’s rights or remedies thereunder (collectively “Released Claims”). Without limiting the foregoing, the Released Claims shall include any and all liabilities or claims arising out of or in any manner whatsoever connected with or related to the Loan Agreement and the other Loan Documents, this Amendment, the Recitals hereto, any instruments, agreements or documents executed in connection with any of the foregoing, and/or the origination, negotiation, administration, servicing and/or enforcement of any of the foregoing.

Waiver; Release. To induce Agent and Sole Lender Lenders to enter into this Amendment, including providing the waivers provided for herein, and for other good and valuable consideration, each Obligor hereby forever waives, relieves, releases, and forever discharges Agent and Sole each Lender, together with its respective present or former employees, officers, directors, agents, representatives, attorneys, and each of them, from any and all claims, debts, liabilities, demands, obligations, promises, acts, agreements, costs and expenses, actions and causes of action, of every type, kind, nature, description or character whatsoever, whether known or unknown, suspected or unsuspected, absolute or contingent, arising out of or in any manner whatsoever connected with or related to facts, circumstances, issues, controversies or claims, or by reason of any matter, cause or anything whatsoever existing or arising from the beginning of time through and including the date of execution of this Amendment relating to or arising out of the Loan Agreement and any of the Loan Documents or otherwise, including, without limitation, any actual or alleged act or omission of or on behalf of Agent and/or Sole any Lender with respect to the Loan Documents and any security interest, Liens or Collateral in connection therewith, or the enforcement of any of Agent and/or Sole Lender’s Lenders’ rights or remedies thereunder (collectively “Released Claims”). Without limiting the foregoing, the Released Claims shall include any and all liabilities or claims arising out of or in any manner whatsoever connected with or related to the Loan Agreement and the other Loan Documents, this Amendment, the Recitals hereto, any instruments, agreements or documents executed in connection with any of the foregoing, and/or the origination, negotiation, administration, servicing and/or enforcement of any of the foregoing.

Waiver; Release. To induce Agent and Sole Lender to enter into (a) As of the date of this Second Amendment, including providing each Credit Party on behalf of itself and each of their respective Subsidiaries (collectively, the waivers provided for herein“Releasors”), and for other good and valuable considerationto the fullest extent permitted by law, each Obligor hereby forever waives, relieves, releases, and forever discharges Agent the Administrative Agent, each Lender and Sole Lender, together with each of its or their respective present or former employeestrustees, officers, directors, participants, beneficiaries, agents, representatives, attorneys, affiliates and each employees, and the successors and assigns of themthe foregoing (collectively, the “Released Parties”), from any and all claims, debtsactions, liabilities, demands, obligations, promises, acts, agreements, costs and expenses, actions and causes of action, suits, defenses, set-offs against the Obligations, and liabilities of every type, kind, nature, description any kind or character whatsoever, whether known or unknown, contingent or matured, suspected or unsuspected, absolute anticipated or contingentunanticipated, arising out of liquidated or unliquidated, claimed or unclaimed, in contract or in any manner whatsoever connected with tort, at law or related to factsin equity, circumstances, issues, controversies or claims, or by reason of any matter, cause or anything whatsoever existing or arising from the beginning of time through and including the date of execution of this Amendment relating to or arising out of the Loan Agreement and any of the Loan Documents or otherwise, including, without limitation, any actual claims, causes of action or alleged act or omission defenses based on the negligence of any of the Released Parties or on behalf any “lender liability” theories of, among others, unfair dealing, control, misrepresentation, omissions, misconduct, overreaching, unconscionability, disparate bargaining position, reliance, equitable subordination, or otherwise, and any claim based upon illegality and any claims or defenses relating to allegations of Agent and/or Sole Lender with respect usury, which relate, in whole or in part, directly or indirectly, to the Loans, the Loan Documents, the Obligations, the Collateral or this Second Amendment, in each case, which existed, arose or occurred at any time prior to the date of this Second Amendment, including, without limitation, the negotiation, execution, performance or enforcement of the Loan Documents and any security interestthis Second Amendment, Liens or Collateral in connection therewith(collectively, or the enforcement of any of Agent and/or Sole Lender’s rights or remedies thereunder (collectively “Released Claims”). Without limiting the foregoingNo Releasor shall intentionally, willfully or knowingly commence, join in, prosecute, or participate in any suit or other proceeding in a position which is adverse to any of the Released Parties, arising directly or indirectly from any of the Released Claims. The Released Claims shall include include, but are not limited to, any and all liabilities unknown, unanticipated, unsuspected or misunderstood claims arising out of and defenses which existed, arose or in occurred at any manner whatsoever connected with or related time prior to the Loan Agreement and the other Loan Documents, date of this Second Amendment, all of which are released by the Recitals hereto, any instruments, agreements or documents executed provisions hereof in connection with any favor of the foregoing, and/or the origination, negotiation, administration, servicing and/or enforcement of any of the foregoingReleased Parties.

Waiver; Release. To induce Agent and Sole Lender to enter into (a) As of the date of this Fifth Amendment, including providing each Credit Party on behalf of itself and each of their respective Subsidiaries (collectively, the waivers provided for herein“Releasors”), and for other good and valuable considerationto the fullest extent permitted by law, each Obligor hereby forever waives, relieves, releases, and forever discharges Agent the Administrative Agent, each Lender and Sole Lender, together with each of its or their respective present or former employeestrustees, officers, directors, participants, beneficiaries, agents, representatives, attorneys, affiliates and each employees, and the successors and assigns of themthe foregoing (collectively, the “Released Parties”), from any and all claims, debtsactions, liabilities, demands, obligations, promises, acts, agreements, costs and expenses, actions and causes of action, suits, defenses, set-offs against the Obligations, and liabilities of every type, kind, nature, description any kind or character whatsoever, whether known or unknown, contingent or matured, suspected or unsuspected, absolute anticipated or contingentunanticipated, arising out of liquidated or unliquidated, claimed or unclaimed, in contract or in any manner whatsoever connected with tort, at law or related to factsin equity, circumstances, issues, controversies or claims, or by reason of any matter, cause or anything whatsoever existing or arising from the beginning of time through and including the date of execution of this Amendment relating to or arising out of the Loan Agreement and any of the Loan Documents or otherwise, including, without limitation, any actual claims, causes of action or alleged act or omission defenses based on the negligence of any of the Released Parties or on behalf any “lender liability” theories of, among others, unfair dealing, control, misrepresentation, omissions, misconduct, overreaching, unconscionability, disparate bargaining position, reliance, equitable subordination, or otherwise, and any claim based upon illegality and any claims or defenses relating to allegations of Agent and/or Sole Lender with respect usury, which relate, in whole or in part, directly or indirectly, to the Loans, the Loan Documents, the Obligations, the Collateral or this Fifth Amendment, in each case, which existed, arose or occurred at any time prior to the date of this Fifth Amendment, including, without limitation, the negotiation, execution, performance or enforcement of the Loan Documents and any security interestthis Fifth Amendment, Liens or Collateral in connection therewith(collectively, or the enforcement of any of Agent and/or Sole Lender’s rights or remedies thereunder (collectively “Released Claims”). Without limiting the foregoingNo Releasor shall intentionally, willfully or knowingly commence, join in, prosecute, or participate in any suit or other proceeding in a position which is adverse to any of the Released Parties, arising directly or indirectly from any of the Released Claims. The Released Claims shall include include, but are not limited to, any and all liabilities unknown, unanticipated, unsuspected or misunderstood claims arising out of and defenses which existed, arose or in occurred at any manner whatsoever connected with or related time prior to the Loan Agreement and the other Loan Documents, date of this Fifth Amendment, all of which are released by the Recitals hereto, any instruments, agreements or documents executed provisions hereof in connection with any favor of the foregoing, and/or the origination, negotiation, administration, servicing and/or enforcement of any of the foregoingReleased Parties.

Waiver; Release. To induce Agent and Sole Lender to enter into (a) As of the date of this First Amendment, including providing each Credit Party on behalf of itself and each of their respective Subsidiaries (collectively, the waivers provided for herein“Releasors”), and for other good and valuable considerationto the fullest extent permitted by law, each Obligor hereby forever waives, relieves, releases, and forever discharges Agent the Administrative Agent, each Lender and Sole Lender, together with each of its or their respective present or former employeestrustees, officers, directors, participants, beneficiaries, agents, representatives, attorneys, affiliates and each employees, and the successors and assigns of themthe foregoing (collectively, the “Released Parties”), from any and all claims, debtsactions, liabilities, demands, obligations, promises, acts, agreements, costs and expenses, actions and causes of action, suits, defenses, set-offs against the Obligations, and liabilities of every type, kind, nature, description any kind or character whatsoever, whether known or unknown, contingent or matured, suspected or unsuspected, absolute anticipated or contingentunanticipated, arising out of liquidated or unliquidated, claimed or unclaimed, in contract or in any manner whatsoever connected with tort, at law or related to factsin equity, circumstances, issues, controversies or claims, or by reason of any matter, cause or anything whatsoever existing or arising from the beginning of time through and including the date of execution of this Amendment relating to or arising out of the Loan Agreement and any of the Loan Documents or otherwise, including, without limitation, any actual claims, causes of action or alleged act or omission defenses based on the negligence of any of the Released Parties or on behalf any “lender liability” theories of, among others, unfair dealing, control, misrepresentation, omissions, misconduct, overreaching, unconscionability, disparate bargaining position, reliance, equitable subordination, or otherwise, and any claim based upon illegality and any claims or defenses relating to allegations of Agent and/or Sole Lender with respect usury, which relate, in whole or in part, directly or indirectly, to the Loans, the Loan Documents, the Obligations, the Collateral or this First Amendment, in each case, which existed, arose or occurred at any time prior to the date of this First Amendment, including, without limitation, the negotiation, execution, performance or enforcement of the Loan Documents and any security interestthis First Amendment, Liens or Collateral in connection therewith(collectively, or the enforcement of any of Agent and/or Sole Lender’s rights or remedies thereunder (collectively “Released Claims”). Without limiting the foregoingNo Releasor shall intentionally, willfully or knowingly commence, join in, prosecute, or participate in any suit or other proceeding in a position which is adverse to any of the Released Parties, arising directly or indirectly from any of the Released Claims. The Released Claims shall include include, but are not limited to, any and all liabilities unknown, unanticipated, unsuspected or misunderstood claims arising out of and defenses which existed, arose or in occurred at any manner whatsoever connected with or related time prior to the Loan Agreement and the other Loan Documents, date of this First Amendment, all of which are released by the Recitals hereto, any instruments, agreements or documents executed provisions hereof in connection with any favor of the foregoing, and/or the origination, negotiation, administration, servicing and/or enforcement of any of the foregoingReleased Parties.

Waiver; Release. To induce Agent and Sole Lender Lenders to enter into this Amendment, including providing the waivers provided for herein, and for other good and valuable consideration, each Obligor hereby forever waives, relieves, releases, and forever discharges Agent and Sole LenderLenders, together with its respective present or former employees, officers, directors, agents, representatives, attorneys, and each of them, from any and all claims, debts, liabilities, demands, obligations, promises, acts, agreements, costs and expenses, actions and causes of action, of every type, kind, nature, description or character whatsoever, whether known or unknown, suspected or unsuspected, absolute or contingent, arising out of or in any manner whatsoever connected with or related to facts, circumstances, issues, controversies or claims, or by reason of any matter, cause or anything whatsoever existing or arising from the beginning of time through and including the date of execution of this Amendment relating to or arising out of the Loan Agreement and any of the Loan Documents or otherwise, including, without limitation, any actual or alleged act or omission of or on behalf of Agent and/or Sole Lender Lenders with respect to the Loan Documents and any security interest, Liens or Collateral in connection therewith, or the enforcement of any of Agent Agent’s and/or Sole Lender’s Lenders’ rights or remedies thereunder (collectively “Released Claims”). Without limiting the foregoing, the Released Claims shall include any and all liabilities or claims arising out of or in any manner whatsoever connected with or related to the Loan Agreement and the other Loan Documents, this Amendment, the Recitals hereto, any instruments, agreements or documents executed in connection with any of the foregoing, and/or the origination, negotiation, administration, servicing and/or enforcement of any of the foregoing.