GENERAL RELEASE
For good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the undersigned, XXXXXX, INC., a Delaware corporation,
ZETAPHARM, INC., a New York corporation, XXXXXX NATURAL PRODUCTS, INC., a
Delaware corporation, XXXXXXX LABORATORIES, INC., a Massachusetts corporation,
and BOTANICALS INTERNATIONAL EXTRACTS, INC. (collectively, the "RELEASORS"), do
hereby release, remise, and forever discharge XXXXX FARGO BANK, N.A. (the
"BANK"), XXXXX FARGO HSBC TRADE BANK, NATIONAL ASSOCIATION, and their respective
officers, directors and employees (collectively, the "RELEASEES"), of and from
any and all obligations, claims, debts, demands, covenants, contracts, promises,
agreements, liabilities, controversies, costs, attorneys' fees, actions, or
causes of action which RELEASORS ever had, now have, can or may have, or claim
to have for, upon, or by reason of any matter, cause or thing whatsoever from
the beginning of the world to the day of the date of these presents, including
but not limited to any matters which arise out of, or are asserted under, or are
related to, the Credit Agreement dated as of June 11, 1999, as amended, but
excluding any claims with respect to rights relating to receive the principal of
and interest on any deposits with the BANK.
RELEASORS hereby represent and warrant that they have not heretofore
assigned, transferred, sold, conveyed, licensed or otherwise granted to any
other person, firm or corporation any claim, demand, or cause of action, or any
part thereof, covered by the terms of the foregoing which they have or claim to
have against RELEASEES.
The foregoing shall be binding in all respects upon the successors,
assigns, heirs, executors and administrators of RELEASORS and shall inure to the
benefit of the successors, assigns, heirs, executors and administrators of
RELEASEES.
This General Release may not be changed orally.
IN WITNESS WHEREOF, the undersigned have signed and sealed this General
Release this 3rd day of October, 2000.
XXXXXX, INC.
By /s/ Xxxxxx Xxxxxxxx
-----------------------------
ZETAPHARM, INC.
By /s/ Xxxxxx Xxxxxxxx
-----------------------------
XXXXXX NATURAL PRODUCTS, INC.
By /s/ Xxxxxx Xxxxxxxx
-----------------------------
XXXXXXX LABORATORIES, INC.
By /s/ Xxxxxxx X. Xxxxxxxxx
-----------------------------
BOTANICALS INTERNATIONAL EXTRACTS, INC.
By /s/ Xxxxxxx X. Xxxxxxxxx
-----------------------------
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STATE OF CALIFORNIA )
: ss.:
COUNTY OF LOS ANGELES )
On this 3rd day of October, 2000, before me personally came Xxxxxx
Xxxxxxxx, to me known, who, being by me duly sworn, did depose and say that he
resides at 00000 Xxxxxxx Xxxxxxxx, Xxxxxx Xxxxx Xxxxxx, XX 00000; that he is the
Chief Executive Officer of Xxxxxx, Inc., the corporation described in and which
executed the foregoing General Release; and that he signed his name thereto by
order of the Board of Directors of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office on the
day and year aforesaid.
/s/ Xxxxxxxx Xxxxxx
------------------------------------
Notary Public
STATE OF CALIFORNIA )
: ss.:
COUNTY OF LOS ANGELES )
On this 3rd day of Ocbober, 2000, before me personally came Xxxxxx
Xxxxxxxx, to me known, who, being by me duly sworn, did depose and say that he
resides at 00000 Xxxxxxx Xxxxxxxx, Xxxxxx Xxxxx Xxxxxx, XX 00000, that he is a
Director the of Zetapharm, Inc., the corporation described in and which executed
the foregoing General Release; and that he signed his name thereto by order of
the Board of Directors of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office on the
day and year aforesaid.
/s/ Xxxxxxxx Xxxxxx
------------------------------------
Notary Public
-3-
STATE OF CALIFORNIA )
: ss.:
COUNTY OF LOS ANGELES )
On this 3rd day of October, 2000, before me personally came Xxxxxx
Xxxxxxxx, to me known, who, being by me duly sworn, did depose and say that he
resides at 00000 Xxxxxxx Xxxxxxxx, Xxxxxx Xxxxx Xxxxxx, XX 00000; that he is the
President of Xxxxxx Natural Products, Inc., the corporation described in and
which executed the foregoing General Release; and that he signed his name
thereto by order of the Board of Directors of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office on the
day and year aforesaid.
/s/ Xxxxxxxx Xxxxxx
------------------------------------
Notary Public
STATE OF CALIFORNIA )
: ss.:
COUNTY OF LOS ANGELES )
On this 3rd day of October, 2000, before me personally came Xxxxxxx X.
Xxxxxxxxx, to me known, who, being by me duly sworn, did depose and say that he
resides at 00000 Xxxxxx Xxxxx, Xxxxxx, XX 00000; that he is the Clerk of Xxxxxxx
Laboratories, Inc., the corporation described in and which executed the
foregoing General Release; and that he signed his name thereto by order of the
Board of Directors of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office on the
day and year aforesaid.
/s/ Xxxxxxxx Xxxxxx
------------------------------------
Notary Public
-4-
STATE OF CALIFORNIA )
: ss.:
COUNTY OF LOS ANGELES )
On this 3rd day of October, 2000, before me personally came Xxxxxxx X.
Xxxxxxxxx, to me known, who, being by me duly sworn, did depose and say that he
resides at 00000 Xxxxxx Xxxxx, Xxxxxx, XX 00000; that he is the Chief Financial
Officer of Botanicals International Extracts, Inc., the corporation described in
and which executed the foregoing General Release; and that he signed his name
thereto by order of the Board of Directors of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office on the
day and year aforesaid.
/s/ Xxxxxxxx Xxxxxx
------------------------------------
Notary Public
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