Lender Releasees definition
Examples of Lender Releasees in a sentence
The Plan shall also require the delivery to the Debtor Releasees and the Lender Releasees of releases to the same effect from each of PSC's Restricted Subsidiaries which is not a Debtor.
To the extent this Agreement and the releases hereunder become effective, (a) neither the Lender nor any person claiming by, through, or under the Lender may pursue any Company Released Claims against the Company Releasees, and (b) neither the Company nor any person claiming by, through, or under the Company may pursue any released claims against the Lender Releasees.
Those parties comprising Debtor Lender Releasees, Lender Releasees, Debtor Releasees and Peregrine Releasees who are not signatories to this Release Agreement are intended third party beneficiaries of this Release Agreement and the Releases provided for herein.
Among other things, no party, equity holder, or other party in privity with Lender or the Company, respectively, may assert any claims against the Company Releasees or the Lender Releasees, as applicable: (x) that might be characterized as “derivative” of the rights or claims of Lender or the Company, as applicable; or (y) that arise from or relate to the Indebtedness Documents.
Convertible Note Agent covenants and agrees that it will not, and will cause the other Convertible Note Holders not to, commence, voluntarily aid in any way, prosecute or cause to be commenced or prosecuted against any of the Lender Releasees any action or other proceeding based upon any of the Lender Released Claims.
The Loan Parties shall not make, and the Loan Parties shall not permit any of their Affiliates to make, and covenant never to, and to cause their Affiliates not to, assert or voluntarily assist any Person in asserting any claim or demand, or commence any claim, suit or action asserting any claim or demand, including any claim for contribution or indemnification, against any of the Lender Releasees with respect to any liabilities released pursuant to this Section 4(b).
After the Approval Date, none of the Debtors nor the Committee will support any efforts by any other party to obtain Bankruptcy Rule 2004 discovery from the Lender Releasees.
In addition, Borrower and all Borrower Releasors agree not to commence, join in, consent to, prosecute or participate in any suit or other proceeding in a position (or the reasonably anticipated effect thereof) which is adverse to any of the Lender Releasees or any of their respective rights under the Loan Documents, arising or as a consequence directly or indirectly from or of any of the Released Claims.
If a court or tribunal determines that Barred Claims exist that would have given rise to liability of any of the Lender Releasees to a Non-Settling Party but for this Order, the Non-Settling Party is also entitled to the judgment reduction provisions set forth herein.
In addition, Borrower and all Borrower Releasors agree not to commence, join in, consent to, prosecute or participate in any suit or other proceeding in a position (or the reasonably anticipated effect thereof) which is adverse to any of the Lender Releasees or any of their respective rights under the Loan Documents, any other Transaction Document or this Modification Agreement, arising or as a consequence directly or indirectly from or of any of the Released Claims.