Waivers; Releases. (a) Subject to and effective upon Full Compliance (as defined below), each of the Original Owners waives all defaults (and all rights and remedies with respect thereto), if any, which have arisen under the Original Agreement, including without limitation all defaults, if any, under Section 4 of the aforementioned amendment to the Original Agreement.
Waivers; Releases a. All YFFR Program participants are required to sign a YFFR release & waiver of liability in consideration for their participation in the YFFR Program.
Waivers; Releases. (a) Effective as of the Closing, Seller, for itself and on behalf of its Affiliates (other than HRS) and each of its and their successors, heirs and executors (each, a “Seller Releasor”), hereby irrevocably, knowingly and voluntarily releases, discharges and forever waives and relinquishes all claims, demands, Liabilities, defenses, affirmative defenses, setoffs, counterclaims, actions and causes of action of whatever kind or nature, whether known or unknown, which any Seller Releasor has, may have or might have or may assert now or in the future, against HRS or any of its successors, assigns, heirs, executors, officers, directors, partners, managers and employees (in each case in their capacity as such) (each, an “HRS Releasee”), arising out of, based upon or resulting from any Contract, transaction, event, circumstance, action, failure to act or occurrence of any sort or type, whether known or unknown, and which occurred, existed, was taken, permitted or begun prior to the Closing; provided, however, that nothing contained in this Section 8.13(a) shall release, discharge, waive or otherwise affect the rights or obligations of any party to the extent arising under this Agreement or any Ancillary Agreement, including with respect to Article XI hereof. Seller shall, and shall cause each Seller Releasor to, refrain from, directly or indirectly, asserting any claim or demand or commencing, instituting or maintaining, or causing to be commenced, any legal or arbitral proceeding of any Exhibit 2.01 kind against any HRS Releasee based upon any matter released pursuant to this Section 8.13(a). The parties hereto hereby acknowledge and agree that the execution of this Agreement shall not constitute an acknowledgment of or an admission by any Seller Releasor or HRS Releasee of the existence of any such claims or of Liability for any matter or precedent upon which any Liability may be asserted.
Waivers; Releases. Cancel or compromise any debt or claim, or waive or release any material right of the Business or relating to any asset of the Business except in the ordinary course of business;
Waivers; Releases. EACH BORROWER, FOR ITSELF AND ITS RESPECTIVE AFFILIATES, SUCCESSORS, ASSIGNS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS AND MANAGERS, HEREBY FOREVER WAIVES, RELINQUISHES, DISCHARGES AND RELEASES ALL DEFENSES AND CLAIMS OF EVERY KIND OR NATURE, WHETHER EXISTING BY VIRTUE OF STATE, FEDERAL, OR LOCAL LAW, BY AGREEMENT OR OTHERWISE, AGAINST LENDER, ITS SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, EMPLOYEES AND ATTORNEYS, WHETHER PREVIOUSLY OR NOW EXISTING OR ARISING OUT OF OR RELATED TO ANY TRANSACTION OR DEALINGS AMONG THE PARTIES, OR ARISING OUT OF THIS FIRST AMENDMENT OR ANY PRIOR AMENDMENT, WHICH ANY BORROWER MAY HAVE OR MAY HAVE MADE AT ANY TIME UP THROUGH AND INCLUDING THE DATE OF THIS FIRST AMENDMENT, INCLUDING WITHOUT LIMITATION, ANY AFFIRMATIVE DEFENSES, CLAIMS, COUNTERCLAIMS, SETOFFS, DEDUCTIONS OR RECOUPMENTS. NOTHING CONTAINED IN THIS FIRST AMENDMENT PREVENTS ENFORCEMENT OF THIS RELEASE.
Waivers; Releases. To the fullest extent permitted by law, the MORTGAGOR hereby irrevocably and unconditionally waives and releases: (i) all benefits that might accrue to the MORTGAGOR by any present or future laws exempting the SECURED PROPERTY from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment; (ii) all notices of any EVENT OF DEFAULT (except as may be specifically provided for under the terms hereof), presentment, demand, notice of intent to accelerate, notice of acceleration and any other notice of the MORTGAGEES' election to exercise or the actual exercise of any right, remedy or recourse provided for under the MORTGAGEE DOCUMENTS; (iii) any right to appraisal or marshalling of assets or a sale in inverse order of alienation; (iv) the exemption of homestead; (v) all rights of reinstatement and redemption in accordance with the laws of the Commonwealth of Massachusetts; and (vi) the administration of estates and decedents, or other matter to defeat, reduce or affect the right of the MORTGAGEES under the terms of this MORTGAGE to sell the SECURED PROPERTY for the collection of the OBLIGATIONS secured hereby (without any prior or different resort for collection) or the rights of the MORTGAGEES, under the terms of this MORTGAGE, to receive the payment of the OBLIGATIONS out of the proceeds of the sale of the SECURED PROPERTY in preference to every other person or claimant whatever (only payment of senior PERMITTED LIENS and reasonable expenses of such sale being first deducted).
Waivers; Releases. Enphase, by signing below, hereby waives and releases Flex, and their members, directors, officers, managers, employees, attorneys, affiliates and subsidiaries, from any and all claims, offsets, defenses and counterclaims, such waiver and release being with full knowledge and understanding of the circumstances and effect thereof and after having consulted legal counsel with respect thereto.
Waivers; Releases. Pursuant to a Payment, Termination and Release Agreement dated June 10, 2009, WorldSpace Systems Corporation and WorldSpace, Inc. agreed to release all claims against XM Satellite Radio Inc. and XM Satellite Radio Holdings Inc. arising from any omissions, acts or facts that occurred up to and including June 10, 2009, pursuant to the following agreements: · Satellite Radio Cooperation Agreement effective July 18, 2005; · Registration Rights Agreement dated July 18, 2005; · Common Stock Purchase Warrant dated July 18, 2005; · WorldSpace Implementing Memorandum dated September 30, 2001, as amended; · Letter Agreement dated May 19, 1998 regarding CD Radio Patents; and · Technology Licensing Agreement effective January 1, 1998, as amended. In the ESPN arbitration, on June 28, 2009 the tribunal struck the WorldSpace, Inc. counterclaim for failure to pay the security deposit. Schedule 4.17
Waivers; Releases. I HEREBY FOREVER WAIVE AND RELEASE EBB, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND CORPORATE REPRESENTATIVES, FROM ANY AND ALL LIABILITY FOR ANY LEGAL OR EQUITABLE CLAIMS THAT I COULD ASSERT NOW OR IN THE FUTURE FOR MYSELF OR MY MINOR CHILD UNDER APPLICABLE FEDERAL OR STATE LAWS IN CONNECTION WITH EBB’S LICENSED USE OF MY PERSONAL INFORMATION GRANTED HEREIN, INCLUDING WITHOUT LIMITATION, CLAIMS FOR: (A) VIOLATION OF MINE OR MY CHILD’S PRIVACY OR MORAL RIGHTS (INCLUDING THE RIGHT OF ATTRIBUTION); (B) COPYRIGHT INFRINGEMENT OR INFRINGEMENT OF ANY OTHER PROPERTY RIGHTS I HAVE IN AND TO MY PERSONAL INFORMATION; (C) USE OF MY PERSONAL INFORMATION ELECTRONICALLY OR OTHERWISE OUTSIDE THE SCOPE OF THIS AGREEMENT BY ANY THIRD PARTY WHO OBTAINS MY PERSONAL INFORMATION WITHOUT THE PERMISSION OR AUTHORITY OF EBB, REGARDLESS OF THE MEANS OR METHOD BY WHICH IT WAS OBTAINED; (D) COMPENSATION IN CASH OR IN KIND FOR THE RIGHTS LICENSED, WAIVED AND RELEASED FREELY AND VOLUNTARILY BY ME HEREIN; AND (E) ANY INCOME DERIVED BY EBB FROM ANY SOURCE WHETHER OR NOT RELATED TO EBB’S LICENSED USE OF MY PERSONAL INFORMATION.
Waivers; Releases
