Example ContractsClausesexecution of receipts and releasesVariants
Remove:

Releases. As further consideration for Administrative Agent’s and the Lender’s entry into this Amendment, each Borrower, for itself and on behalf of all its predecessors, successors, assigns, agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively the “Releasing Parties”), releases and forever discharges the Administrative Agent and each Lender and their respective successors, assigns, partners, directors, officers, agents, attorneys, and employees from any and all claims, demands, cross-actions, controversies, causes of action, damages, rights, liabilities and obligations, at law or in equity whatsoever, known or unknown, whether past, present or future, now held, owned or possessed by the Releasing Parties, or any of them, or which the Releasing Parties or any of them may, as a result of any actions or inactions occurring on or prior to the date hereof, hereafter hold or claim to hold under common law or statutory right, arising, directly or indirectly out of any Loan or any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Each Borrower understands and agrees that this is a full, final and complete release and agrees that this release may be pleaded as an absolute and final bar to any or all suit or suits pending or which may hereafter be filed or prosecuted by any of the Releasing Parties, or anyone claiming by, through or under any of the Releasing Parties, in respect of any of the matters released hereby, and that no recovery on account of the matters described herein may hereafter be had from anyone whomsoever, and that the consideration given for this release is not an admission of liability.

Releases. As further consideration for Administrative Agent’s and the Lender’s entry into this Amendment, each Borrower, for itself and on behalf of all its predecessors, successors, assigns, agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively the “Releasing Parties”), releases and forever discharges the Administrative Agent and each Lender and their respective successors, assigns, partners, directors, officers, agents, attorneys, and employees from any and all claims, demands, cross-actions, controversies, causes of action, damages, rights, liabilities and obligations, at law or in equity whatsoever, known or unknown, whether past, present or future, now held, owned or possessed by the Releasing Parties, or any of them, or which the Releasing Parties or any of them may, as a result of any actions or inactions occurring on or prior to the date hereof, hereafter hold or claim to hold under common law or statutory right, arising, directly or indirectly out of any Loan or any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Each Borrower understands and agrees that this is a full, final and complete release and agrees that this release may be pleaded as an absolute and final bar to any or all suit or suits pending or which may hereafter be filed or prosecuted by any of the Releasing Parties, or anyone claiming by, through or under any of the Releasing Parties, in respect of any of the matters released hereby, and that no recovery on account of the matters described herein may hereafter be had from anyone whomsoever, and that the consideration given for this release is not an admission of liability.

Releases. As furtherIn consideration of the agreements of Administrative Agent and contained herein and for Administrative Agent’sother good and valuable consideration, the Lender’s entry into this Amendment,receipt and sufficiency of which are hereby acknowledged, each Borrower, for itselfBorrower and each Guarantor, on behalf of itself and its successors and assigns, and its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other representatives (each Borrower, each Guarantor and all its predecessors, successors, assigns, agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servantssuch other Persons being hereinafter referred to collectively as the "Releasing Parties" and attorneys (collectively the “Releasing Partiesindividually as a "Releasing Party"), releaseshereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Administrative AgentAgent, each Lender, and each Lenderof their respective successors and assigns, and their respective successors, assigns, partners,present and former shareholders, members, managers, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, attorneys,legal representatives and employeesother representatives (Administrative Agent, and all such other Persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee"), of and from any and all claims, demands, cross-actions, controversies, causes of action, damages, rights,suits, damages and any and all other claims, counterclaims, defenses, rights of set‑off, demands and liabilities whatsoever (individually, a "Claim" and obligations,collectively, "Claims") of every kind and nature, known or unknown, suspected or unsuspected, at law or in equity whatsoever, known or unknown, whether past, present or future, now held, owned or possessed by theequity, which any Releasing Parties,Party or any of them,its successors, assigns, or whichother legal representatives may now or hereafter own, hold, have or claim to have against the Releasing PartiesReleasees or any of them may, as a resultfor, upon, or by reason of any actionscircumstance, action, cause or inactions occurringthing whatsoever which arises at any time on or prior to the date hereof, hereafter holdof this Agreement, for or claim to hold under common lawon account of, or statutory right, arising, directlyin relation to, or indirectly out ofin any Loan orway in connection with this Agreement, the Credit Agreement, any of the other Loan Documents or any of the documents, instrumentstransactions hereunder or thereunder. Releasing Parties hereby represent to the Releasees that they have not assigned or transferred any other transactions relating thereto orinterest in any Claims against any Releasee prior to the transactions contemplated thereby. Each Borrower understands and agrees that this is a full, final and complete release and agrees that this release may be pleaded as an absolute and final bar to any or all suit or suits pending or which may hereafter be filed or prosecuted by any of the Releasing Parties, or anyone claiming by, through or under any of the Releasing Parties, in respect of any of the matters released hereby, and that no recovery on account of the matters described herein may hereafter be had from anyone whomsoever, and that the consideration given for this release is not an admission of liability.date hereof.

Releases. As furtherIn consideration of the agreements of Administrative Agent and Lenders contained herein and for Administrative Agent’sother good and valuable consideration, the Lender’s entry into this Amendment,receipt and sufficiency of which is hereby acknowledged, each Borrower, for itself andCredit Party, on behalf of allitself and its predecessors, successors, assigns, agents, employees,and other legal representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectivelyexcept for the Releasing Parties”), releasesAdministrative Agent’s and Lenders’ express obligations under the Loan Documents yet to be performed in accordance with the terms thereof, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Administrative Agent and the Lenders, and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Administrative Agent, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known as of the date of this Amendment, both at law and in equity, which any Credit Party or any of their respective successors, assigns, partners, directors, officers, agents, attorneys, and employees from any and all claims, demands, cross-actions, controversies, causes of action, damages, rights, liabilities and obligations, at law or in equity whatsoever, knownother legal representatives may now or unknown, whether past, presenthereafter own, hold, have or future, now held, owned or possessed byclaim to have against the Releasing Parties, or any of them, or which the Releasing PartiesReleasees or any of them may, as a resultfor, upon, or by reason of any actionscircumstance, action, cause or inactions occurringthing whatsoever which arises at any time on or prior to the day and date hereof, hereafter holdof this Amendment, in each case for or claim to hold under common lawon account of, or statutory right, arising, directlyin relation to, or indirectly outin any way in connection with any of any Loanthe Credit Agreement, or any of the other Loan Documents or any of the documents, instrumentstransactions thereunder or any other transactions relating thereto or the transactions contemplated thereby.related thereto. Each Borrower understandsCredit Party understands, acknowledges and agrees that this is a full, final and completethe release and agrees that this releaseset forth above may be pleaded as a full and complete defense and may be used as a basis for an absolute and final bar toinjunction against any or allaction, suit or suits pendingother proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. Each Credit Party agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be filed or prosecuted bydiscovered shall affect in any manner the final, absolute and unconditional nature of the Releasing Parties, or anyone claiming by, through or under any of the Releasing Parties, in respect of any of the matters released hereby, and that no recovery on account of the matters described herein may hereafter be had from anyone whomsoever, and that the consideration given for this release is not an admission of liability.set forth above.

Releases. As furtherRelease. In consideration forof the Lenders entering into this Agreement, the Loan Parties hereby release the Administrative Agent, the Lenders, and the Administrative Agent’s and the Lender’s entry into this Amendment, each Borrower, for itself and on behalf of all its predecessors, successors, assigns, agents,Lenders’ respective officers, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servantsagents, counsel and attorneys (collectively the “Releasing Parties”), releases and forever discharges the Administrative Agent and each Lender and their respective successors, assigns, partners, directors, officers, agents, attorneys, and employeesdirectors from any and all claims, demands, cross-actions, controversies, causes of action, damages, rights,claims, demands, damages and liabilities and obligations, atof whatever kind or nature, in law or in equity whatsoever,equity, now known or unknown, whether past, presentsuspected or future, now held, owned or possessed byunsuspected to the Releasing Parties, orextent that any of them,the foregoing arises from any action or which the Releasing Parties or any of them may, as a result of any actions or inactions occurringfailure to act on or prior to the date hereof, hereafter hold or claim to hold under common law or statutory right, arising, directly or indirectly out of any Loan or any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Each Borrower understands and agrees that this is a full, final and complete release and agrees that this release may be pleaded as an absolute and final bar to any or all suit or suits pending or which may hereafter be filed or prosecuted by any of the Releasing Parties, or anyone claiming by, through or under any of the Releasing Parties, in respect of any of the matters released hereby, and that no recovery on account of the matters described herein may hereafter be had from anyone whomsoever, and that the consideration given for this release is not an admission of liability.hereof.

Releases. As further consideration for Administrative Agent’sEach Loan Party hereby absolutely and the Lender’s entry into this Amendment, each Borrower, for itself and on behalf of all its predecessors, successors, assigns, agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively the “Releasing Parties”),unconditionally releases and forever discharges the Administrative AgentAgent, each Lender, and each Lenderany and their respective successors, assigns, partners,all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys,attorneys and employees of any of the foregoing (each, a “Releasee” and collectively, the “Releasees”), from any and all claims, demands, cross-actions, controversies,demands or causes of action, damages, rights, liabilities and obligations, ataction of any kind, nature or description, whether arising in law or in equity whatsoever,or upon contract or tort or under any state or federal law or otherwise (each, a “Claim” and collectively, the “Claims”), which such Loan Party has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Agreement which relates directly or indirectly, to the Credit Agreement or any other Loan Document, whether such claims, demands and causes of action are matured or unmatured or known or unknown, whether past, present or future, now held, owned or possessed byexcept for the Releasing Parties, or any of them, or which the Releasing Parties or any of them may, as a result of any actions or inactions occurring on or prior to the date hereof, hereafter hold or claim to hold under common law or statutory right, arising, directly or indirectly out of anyduties and obligations set forth in this Agreement. Each Loan or any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Each Borrower understandsParty understands, acknowledges and agrees that this is a full, final and completethe release and agrees that this releaseset forth above may be pleaded as an absolutea full and final barcomplete defense to any or allClaim and may be used as a basis for an injunction against any action, suit or suits pendingother proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. Each Loan Party agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be filed or prosecuted bydiscovered will affect in any manner the final, absolute and unconditional nature of the Releasing Parties, or anyone claiming by, through or under any of the Releasing Parties, in respect of any of the matters released hereby, and that no recovery on account of the matters described herein may hereafter be had from anyone whomsoever, and that the consideration given for this release is not an admission of liability.set forth above.

Releases. As furtherRelease. In consideration for Administrativeof the Agent’s and the Lender’s entryLenders’ willingness to enter into this Amendment,Amendment No. 11, each Borrower, for itself and on behalf of all its predecessors, successors, assigns, agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servants and attorneys (collectively the “Releasing Parties”),Borrower hereby releases and forever discharges the Administrative Agent and the Lenders and each Lender andof their respective successors,affiliates, predecessors, successors and assigns, partners,and the officers, managers, directors, officers,employees, agents, attorneys, advisors and employeesrepresentatives of the foregoing (hereinafter all of the above collectively referred to as “Releasees”), from (and agrees not to sue the Releasees for) any and all claims, counterclaims, demands, cross-actions, controversies,damages, debts, suits, liabilities, actions and causes of action, damages, rights, liabilities and obligations, ataction of any nature whatsoever (whether arising in contract, tort, in law or in equity whatsoever, known or unknown, whether past, presentotherwise) that such Borrower may have or future, now held, owned or possessed by the Releasing Parties, orclaim to have against any of them,the Releasees on or whichprior to the Releasing PartiesAmendment No. 11 Effective Date, arising under or in connection with this Amendment No. 11, the Credit Agreement, the Loan Documents, any documents or instruments delivered pursuant thereto, the transactions governed thereby or the dealings among each Borrower and its Affiliates with the Releasees with respect thereto, or in any way based on or related to any of them may, as a resultthe foregoing, including any transactions contemplated by or funded with the proceeds of any actionsthe foregoing, in each case based on facts, circumstances, acts or inactionsomissions occurring or in existence on or prior to the date hereof, hereafter hold or claim to hold under common law or statutory right, arising, directly or indirectly out of any Loan or any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Each Borrower understands and agrees that this is a full, final and complete release and agrees that this release may be pleaded as an absolute and final bar to any or all suit or suits pending or which may hereafter be filed or prosecuted by any of the Releasing Parties, or anyone claiming by, through or under any of the Releasing Parties, in respect of any of the matters released hereby, and that no recovery on account of the matters described herein may hereafter be had from anyone whomsoever, and that the consideration given for this release is not an admission of liability.hereof.

Releases. As further consideration for Administrative Agent’sSECTION #Release. The Borrower and the Lender’s entry into this Amendment, each Borrower, for itselfother parties hereto hereby voluntarily and on behalf of all its predecessors, successors, assigns, agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servantsknowingly forever release, discharge, waive and attorneys (collectively the “Releasing Parties”), releases and forever discharges the Administrative Agent and each Lender and their respective successors, assigns, partners, directors, officers, agents, attorneys, and employees fromrelinquish any and all claims, demands, cross-actions, controversies, causes of action, damages, rights, liabilitiesaction of every kind and obligations, at law ornature whatsoever, whether in law, in equity whatsoever,or before an administrative agency, whether known or unknown, direct or indirect, fixed or contingent, whether past, presentheretofore asserted or future, now held, ownednot, and whether arising based on a tort or possessed by the Releasing Parties,breach of contractual or any of them,other duty, arising under or which the Releasing Parties or any of them may, as a result of any actions or inactions occurring on or prior to the date hereof, hereafter hold or claim to hold under common law or statutory right, arising, directly or indirectly out of any Loan or any of the Loan Documents or any of the documents, instruments orin connection with this Amendment, any other transactions relating theretoLoan Document or the transactions contemplated thereby. Each Borrower understands and agrees that this is a full, final and complete release and agrees that this release may be pleaded as an absolute and final bar to anythereby based on the acts or all suit or suits pending or which may hereafter be filed or prosecuted by anyomissions of the Releasing Parties,Administrative Agent and its past and present officers, directors, managers, employees, partners, agents, shareholders, members, trustees, predecessors, successors, and assigns (the “Released Parties”) existing on or anyone claiming by, throughbefore the date hereof, that either Borrower or under any of the Releasing Parties, in respect of any ofother parties hereto ever had, have or may have against the matters released hereby, and that no recovery on account of the matters described herein may hereafter be had from anyone whomsoever, and that the consideration given for this release is not an admission of liability.Released Parties.

Releases. As further consideration for Administrative Agent’sSECTION #Release. The Borrower and the Lender’s entry into this Amendment, each Borrower, for itselfother parties hereto hereby voluntarily and on behalf of all its predecessors, successors, assigns, agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servantsknowingly forever release, discharge, waive and attorneys (collectively the “Releasing Parties”), releases and forever discharges the Administrative Agent and each Lender and their respective successors, assigns, partners, directors, officers, agents, attorneys, and employees fromrelinquish any and all claims, demands, cross-actions, controversies, causes of action, damages, rights, liabilitiesaction of every kind and obligations, at law ornature whatsoever, whether in law, in equity whatsoever,or before an administrative agency, whether known or unknown, direct or indirect, fixed or contingent, whether past, presentheretofore asserted or future, now held, ownednot, and whether arising based on a tort or possessed by the Releasing Parties,breach of contractual or any of them,other duty, arising under or which the Releasing Parties or any of them may, as a result of any actions or inactions occurring on or prior to the date hereof, hereafter hold or claim to hold under common law or statutory right, arising, directly or indirectly out of any Loan or any of the Loan Documents or any of the documents, instruments orin connection with this Amendment, any other transactions relating theretoLoan Document or the transactions contemplated thereby. Each Borrower understands and agrees that this is a full, final and complete release and agrees that this release may be pleaded as an absolute and final bar to anythereby based on the acts or all suit or suits pending or which may hereafter be filed or prosecuted by anyomissions of the Releasing Parties, or anyone claiming by, through or under any of the Releasing Parties, in respect of any of the matters released hereby,Administrative Agent and that no recovery on account of the matters described herein may hereafter be had from anyone whomsoever,its past and that the consideration given for this release is not an admission of liability.present officers, directors, managers, employees, partners, agents, shareholders, members, trustees, predecessors, successors, and assigns (the

Releases. As furtherSECTION # Release. In consideration for the Lenders agreeing to waive the Subject Default, the Borrower (on behalfof itself and its Subsidiaries and Affiliates) and their successors-in-title, legal representatives and assignees and, to the extent the same is claimed by right of, through or under any Borrower for their past, present and future employees, agents, representatives, officers, directors, shareholders, and trustees (each,a “Releasing Partyand collectively, the “Releasing Parties”), does hereby remise, release and discharge, and shall be deemed to have forever remised, released and discharged, the Administrative Agent and the Lenders under the Credit Agreement, and the Administrative Agent’s and theeach such Lender’s entry into this Amendment, each Borrower, for itselfrespective successors-in-title, legal representatives and on behalf of all its predecessors, successors, assigns,assignees, past, present and future officers, directors, members, managers, shareholders, trustees, agents, employees, representatives, officers, directors, general partners, limited partners, joint shareholders, beneficiaries, trustees, administrators, subsidiaries, affiliates, employees, servantsconsultants, experts, advisors, attorneys and attorneysother professionals, and all other persons and entities to whom any of the foregoing would be liable if such persons or entities were found to be liable to any Releasing Party, or any of them (collectively hereinafter the “Releasing“Lender Parties”), releases and forever discharges the Administrative Agent and each Lender and their respective successors, assigns, partners, directors, officers, agents, attorneys, and employees from any and all claims, demands, cross-manner of action and actions, controversies, causescause andcauses of action,claims, charges, demands,counterclaims, suits, debts,dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, damages, rights, liabilitiesjudgments, expenses, executions, liens, claims of liens, claims of costs, penalties, attorneys’ fees, or any other compensation, recovery or relief on account of any liability, obligation, demand or cause of action of whatever nature, whether in law, equityor otherwise (including without limitation thosearising under the Bankruptcy Code and obligations, at lawinterest or in equity whatsoever,other carrying costs, penalties, legal, accounting and other professional fees and expenses, and incidental, consequential and punitive damages payable to third parties), whether known or unknown, whether past, presentfixed or future,contingent, joint and/or several, secured or unsecured, due or not due, primary or secondary, liquidated or unliquidated, contractual or tortious, direct, indirect, or derivative, asserted or unasserted, foreseen or unforeseen, suspected or unsuspected, now held, ownedexisting, heretofore existing or possessed by the Releasing Parties, orwhich may heretofore accrue against any of them,the Lender Parties, whether held in a personal or representative capacity, and which the Releasing Partiesare based on any act, fact, event or omissionor other matter,cause or thing occurring at or from any of them may, as a result of any actions or inactions occurring on ortime prior to and including the date hereof, hereafter hold or claim to hold under common law or statutory right, arising,hereof in any way, directly or indirectly arising out ofof, connected with or relating to this Amendmentor any other Loan Documentand the transactions contemplated thereby, and all other agreements, certificates, instruments and other documentsand statements (whetherwritten or oral) related to any of the Loan Documents or any of the documents, instruments or any other transactions relating thereto or the transactions contemplated thereby. Each Borrower understands and agrees that this is a full, final and complete release and agrees that this release may be pleaded as an absolute and final bar to any or all suit or suits pending or which may hereafter be filed or prosecuted by any of the Releasing Parties, or anyone claiming by, through or under any of the Releasing Parties, in respect of any of the matters released hereby, and that no recovery on account of the matters described herein may hereafter be had from anyone whomsoever, and that the consideration given for this release is not an admission of liability.foregoing.

Load more...
Select clause to view document information.

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.