Common use of Agreement Termination Date Clause in Contracts

Agreement Termination Date. NOTWITHSTANDING any Guaranty Termination Date, Borrower's and/or ▇▇▇▇▇'▇ obligations to Guarantor under the Credit Enhancement Documents, and each Guarantor's rights and remedies against Borrower and/or ▇▇▇▇▇ thereunder, shall remain in full force and effect until the date that the following conditions are fulfilled (the "AGREEMENT TERMINATION DATE"): 3.1 Each Lender shall have delivered to each Guarantor its or his original Guaranty and a written release (the "LENDER RELEASE") whereby such Lender shall forever waive, and release such Guarantor from, any and all claims, damages, losses, liabilities, obligations, costs or expenses, (including, without limitation, attorneys' fees and disbursements and court costs), whether known, unknown, suspected or unsuspected (collectively, "RELEASED CLAIMS"), arising out of, or in connection with, such Guaranty, any obligations of the Guarantor thereunder, and any transactions contemplated thereby, such Lender Release to be in form and substance entirely satisfactory to such Guarantor and its or his legal counsel. 3.2 Borrower shall deliver in cash (a) (to Westrec) any and all amounts payable under Sections 2.1, 2.2, 2.7 and 2.8 above through the effective date of the Lender Release; (b) (to Guarantors) any other amounts, if any, that Borrower and/or ▇▇▇▇▇ may owe to Guarantors under the Credit Enhancement Documents; and (c) (to Guarantors) an amount equal to Guarantors' out-of-pocket costs and expenses, including, without limitation, the fees and disbursements of Guarantors' legal counsel, incurred in connection with or pursuant to this Section 3.2. 3.3 Borrower and ▇▇▇▇▇ shall deliver to the Guarantors a written release (the "BORROWER/▇▇▇▇▇ RELEASE") whereby Borrower and ▇▇▇▇▇, acting jointly and severally, shall forever waive, and release the Guarantors from, any Released Claims arising out of, or in connection with, the Credit Enhancement Documents and any transactions contemplated thereby, such Borrower/▇▇▇▇▇ Release to be in a form and substance entirely satisfactory to the Guarantors and their legal counsel. 3.4 Neither Borrower nor ▇▇▇▇▇ shall be in default of any of its or his obligations to a Guarantor under any Credit Enhancement Document.

Agreement Termination Date. NOTWITHSTANDING Notwithstanding any Guaranty Termination Date, Borrower's ’s and/or H▇▇▇▇▇'’▇ obligations to Guarantor under the Credit Enhancement Documents, and each Guarantor's ’s rights and remedies against Borrower and/or ▇H▇▇▇▇ thereunder, shall remain in full force and effect until the date that the following conditions are fulfilled (the "AGREEMENT TERMINATION DATE"“Agreement Termination Date”): 3.1 Each Lender shall have delivered to each Guarantor its or his original Guaranty and a written release (the "LENDER RELEASE"“Lender Release”) whereby such Lender shall forever waive, and release such Guarantor from, any and all claims, damages, losses, liabilities, obligations, costs or expenses, (including, without limitation, attorneys' ’ fees and disbursements and court costs), whether known, unknown, suspected or unsuspected (collectively, "RELEASED CLAIMS"“Released Claims”), arising out of, or in connection with, such Guaranty, any obligations of the Guarantor thereunder, and any transactions contemplated thereby, such Lender Release to be in form and substance entirely satisfactory to such Guarantor and its or his legal counsel. 3.2 Borrower shall deliver in cash (a) (to Westrec) any and all amounts payable under Sections 2.1, 2.2, 2.7 and 2.8 above through the effective date of the Lender Release; (b) (to Guarantors) any other amounts, if any, that Borrower and/or ▇H▇▇▇▇ may owe to Guarantors under the Credit Enhancement Documents; and (c) (to Guarantors) an amount equal to Guarantors' ’ out-of-pocket costs and expenses, including, without limitation, the fees and disbursements of Guarantors' ’ legal counsel, incurred in connection with or pursuant to this Section 3.2. 3.3 Borrower and ▇H▇▇▇▇ shall deliver to the Guarantors a written release (the "BORROWER/▇“Borrower/H▇▇▇▇ RELEASE"Release”) whereby Borrower and ▇H▇▇▇▇, acting jointly and severally, shall forever waive, and release the Guarantors from, any Released Claims arising out of, or in connection with, the Credit Enhancement Documents and any transactions contemplated thereby, such Borrower/▇Borrower/H▇▇▇▇ Release to be in a form and substance entirely satisfactory to the Guarantors and their legal counsel. 3.4 Neither Borrower nor ▇H▇▇▇▇ shall be in default of any of its or his obligations to a Guarantor under any Credit Enhancement Document.

Agreement Termination Date. NOTWITHSTANDING Notwithstanding any Guaranty Termination Date, Borrower's ’s and/or H▇▇▇▇▇'’▇ obligations to Guarantor under the Credit Enhancement Documents, and each Guarantor's ’s rights and remedies against Borrower and/or ▇H▇▇▇▇ thereunder, shall remain in full force and effect until the date that the following conditions are fulfilled (the "AGREEMENT TERMINATION DATE"“Agreement Termination Date”): 3.1 Each (i) Lender shall have delivered deliver to each Guarantor its or his original Guaranty and a written release (the "LENDER RELEASE"“Lender Release”) whereby such Lender shall forever waive, and release such Guarantor from, any and all claims, damages, losses, liabilities, obligations, costs or expenses, (including, without limitation, attorneys' ’ fees and disbursements and court costs), ) whether known, unknown, suspected or unsuspected (collectively, "RELEASED CLAIMS"“Released Claims”), arising out of, or in connection with, such Guaranty, any obligations of the Guarantor thereunder, and any transactions contemplated thereby, such Lender Release to be in a form and substance entirely satisfactory to such Guarantor and its or his legal counsel. 3.2 (ii) Borrower shall deliver in cash (aA) (to Westrec) any and all amounts payable under Sections 2.12(a), 2.2, 2.7 (b),(g) and 2.8 (h) above through the effective date of the Lender Release; (bB) (to the Guarantors) any other amounts, if any, that Borrower and/or ▇H▇▇▇▇ may owe to the Guarantors under the Credit Enhancement Documents; and (cC) (to the Guarantors) an amount equal to the Guarantors' ’ out-of-pocket costs and expenses, including, without limitation, the fees and disbursements of the Guarantors' ’ legal counsel, incurred in connection with or pursuant to this Section 3.23(a). 3.3 (iii) Borrower and ▇H▇▇▇▇ shall deliver to the Guarantors a written release (the "BORROWER/▇“Borrower/H▇▇▇▇ RELEASE"Release”) whereby Borrower and ▇H▇▇▇▇, acting jointly and severally, shall forever waive, and release the Guarantors from, any Released Claims arising out of, or in connection with, the Credit Enhancement Documents and any transactions contemplated thereby, such Borrower/▇Borrower/H▇▇▇▇ Release to be in a form and substance entirely satisfactory to the Guarantors and their legal counsel. 3.4 (iv) Neither Borrower nor ▇H▇▇▇▇ shall be in default of any of its or his obligations to a Guarantor under any Credit Enhancement Document.