Common use of Release of Certain Claims Clause in Contracts

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger under the Merger Agreement, First Southern and its Subsidiaries (each, a “First Southern Entity”), and its respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character or description (collectively, “Claims”), which the undersigned, solely in his capacity as an officer, director or employee of any First Southern Entity, has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but not yet been paid as of the Effective Time or other contract rights relating to severance, employment, stock options and restricted stock grants or other equity awards which have been disclosed to CenterState on or prior to the Effective Time, (ii) the items listed on Schedule 1 to this Agreement and (iii) the items listed in Section 2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following:

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger under pursuant to the Merger Agreement, First Southern and its Subsidiaries (each, a “First Southern each DBI Entity”), and its each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director or employee of any First Southern Entity, DBI Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid as in the ordinary course of the Effective Time business consistent with past practice or other contract rights relating to severance, employment, stock options and restricted stock grants or other equity awards which have been disclosed in writing to CenterState BFC on or prior to the Effective Timedate of the Merger Agreement, and (ii) the items listed on Schedule 1 to this Agreement and (iii) the items listed in Section 2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following:

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger under the Merger Agreement, First Southern and its Subsidiaries (each, a “First Southern each Gulfstream Entity”), and its respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character or description (collectively, “Claims”), which the undersigned, solely in his capacity as an officer, director or employee of any First Southern Gulfstream Entity, has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but not yet been paid as in the ordinary course of the Effective Time business consistent with past practice or other contract rights relating to severance, employment, stock options and restricted stock grants or other equity awards which have been disclosed in writing to CenterState on or prior to the Effective Timedate of the Merger Agreement, and (ii) the items listed on Schedule 1 to this Agreement and (iii) the items listed in Section 2(b) belowAgreement. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following:

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger under pursuant to the Merger Agreement, First Southern and its Subsidiaries (each, a “First Southern each SSNF Entity”), and its each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director or employee of any First Southern Entity, SSNF Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid as in the ordinary course of the Effective Time business consistent with past practice or other contract rights relating to severance, employment, stock options and restricted stock grants or other equity awards which have been disclosed in writing to CenterState FBMS on or prior to the Effective Timedate of the Merger Agreement, and (ii) the items listed on Schedule 1 to this Agreement and (iii) the items listed in Section 2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following:

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger under the Merger Agreement, First Southern and its Subsidiaries (each, a “First Southern each PBHC Entity”), and its respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character or description (collectively, “Claims”), which the undersigned, solely in his capacity as an officer, director or employee of any First Southern PBHC Entity, has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but not yet been paid as in the ordinary course of the Effective Time business consistent with past practice or other contract rights relating to severance, employment, stock options and restricted stock grants or other equity awards which have been disclosed in writing to CenterState on or prior to the Effective Timedate of the Merger Agreement, and (ii) the items listed on Schedule 1 to this Agreement and (iii) the items listed in Section 2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following:

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger under pursuant to the Merger Agreement, First Southern and its Subsidiaries (each, a “First Southern each LBC Entity”), and its each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director or employee of any First Southern Entity, LBC Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid as in the ordinary course of the Effective Time business consistent with past practice or other contract rights relating to severance, employment, stock options and restricted stock grants or other equity awards which have been disclosed in writing to CenterState CBAN on or prior to the Effective Timedate of the Merger Agreement, and (ii) the items listed on Schedule 1 to this Agreement and (iii) the items listed in Section 2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following:

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger under pursuant to the Merger Agreement, First Southern and its Subsidiaries (each, a “First Southern each PFG Entity”), and its each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character character, or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director director, or employee of any First Southern Entity, PFG Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events events, or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid as in the ordinary course of the Effective Time business consistent with past practice or other contract rights relating to severance, employment, stock options options, and restricted stock grants or other equity awards which have been disclosed in writing to CenterState SMBK on or prior to the Effective Timedate of the Merger Agreement, and (ii) the items listed on Schedule 1 to this Agreement and (iii) the items listed in Section 2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: