Covenant Not to Sue. Borrower, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by Borrower pursuant to the Section above. If Borrower or any of its successors, assigns or other legal representatives, violates the foregoing covenant, Borrower, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violation.

Each Borrower, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by Borrowerit pursuant to the Section above.this provision. If any Borrower or any of itstheir respective successors, assigns or other legal representatives,representations violates the foregoing covenant, each Borrower, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’reasonable attorneys’ fees and costs incurred by any Releasee as a result of such violation.

Borrower, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any ClaimClaims released, remised and discharged by Borrower pursuant to the Section above.this [Section 10]. If Borrower or any of its successors, assigns or other legal representatives, violates the foregoing covenant, Borrower, for itself and its successors, assigns and legal representatives,Borrower agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’attorneys’ fees and costs incurred by any Releasee as a result of such violation.

Covenant Not to Sue. Borrower, on behalf of itself and its successors, assigns, and other legal representatives,Each Releasing Party hereby absolutely, unconditionally and irrevocably,irrevocably covenants and agrees with and in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by Borrowerany Releasing Party pursuant to the Section[Section 8.6] above. If Borrower or any of its successors, assigns or other legal representatives,Releasing Party violates the foregoing covenant, Borrower,each Loan Party, for itself and its successors, assignssuccessors and assigns, and its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’attorneys' fees and costs incurred by any Releasee as a result of such violation.

Section # Covenant Not to Sue. Borrower,Each Releasor, on behalf of itself and its successors, assigns,assigns and other legal representatives, hereby absolutely, unconditionally and irrevocably,irrevocably covenants and agrees with and in favor of each Releasee that itsuch Releasor will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by Borrowerthe Releasors pursuant to [Section 14] hereof. If the Section above. If BorrowerReleasors or any of itstheir respective successors, assigns or other legal representatives, violatesrepresentatives violate the foregoing covenant, Borrower,each Releasor, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’reasonable attorneys’ fees and costs incurred by any Releasee as a result of such violation.

Each Loan Party hereby absolutely, unconditionally and irrevocably,irrevocably covenants and agrees with and in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by Borrowerany Loan Party pursuant to the Section[Section 12(a)] above. If Borrower or any of its successors, assigns or other legal representatives,Loan Party violates the foregoing covenant, the Borrower, for itself and its successors, assignssuccessors and assigns, and its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violation.

Each of Issuer and the other Credit Parties, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by BorrowerIssuer or any other Credit Party pursuant to the Section above.[Section 3(a)] hereof. If BorrowerIssuer, any other Credit Party or any of its successors, assigns or other legal representatives,representatives violates the foregoing covenant, Borrower,Issuer and the other Credit Parties, each for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violation.