Common use of Release of Plaintiffs Clause in Contracts

Release of Plaintiffs. (a) In consideration of the mutual promises set forth in this Agreement and other valuable consideration, the sufficiency of which has been acknowledged by the Parties, and except with respect to compliance with the obligations set forth in this Agreement, the Defendants, for themselves, and their present and former predecessors, successors, assigns, insurers, attorneys, employees, parents, affiliates, related entities, trustees, counsel, collectors, heirs, personal representatives, other agents and/or any others who have, had, or may have a claim by or through them, to the fullest extent permitted by law (collectively the “Defendant Releasing Parties”) hereby waives, releases, discharges, and acquits Plaintiffs, and their present and former predecessors, successors, assigns, insurers, attorneys, employees, parents, affiliates, branches, divisions, related entities, subsidiaries, shareholders, members, managers, officers, directors, trustees, counsel, collectors, heirs, personal representatives, and other agents (collectively the “Plaintiff Released Parties), from any and all past, present, and future claims, causes of action, demands, damages, fees, benefits, compensation, indemnification, obligations, actions, liabilities, losses, judgments, rights to appeal, liens, rights, debts, costs, or expenses of any nature whatsoever, based on any theory of recovery, whether at law or in equity, known or unknown, direct or indirect, which the Defendant Releasing Parties ever had, now have, or hereafter can, shall or may have from the beginning of time to the Effective Date, arising in or related to the Bankruptcy Case and the Adversary Proceeding (hereinafter the “Defendant Released Claims”). (b) If any of the Defendant Releasing Parties or an attorney or agent for any of the Defendant Releasing Parties files any civil action in any forum, asserting any of the Defendant Released Claims against any of the Plaintiff Released Parties, this Agreement may be used by the Plaintiff Released Party as a complete defense to any Defendant Released Claims and the Defendant Releasing Parties shall be jointly and severally obligated to pay all costs, expenses, and attorney fees incurred by the Plaintiff Released Party in defending against the Defendant Released Claims, in addition to payment of any settlement or judgment entered against any Plaintiff Released Party, in any such action, to the fullest extent permitted by law. (c) The Defendant Releasing Parties hereby warrant to the Plaintiff Released Parties that they have not assigned or transferred to any person or entity any portion of the ▇▇▇▇▇ Released Claims.

Release of Plaintiffs. (a) In consideration of Subject to Paragraphs 7 hereof, 4Kids and the mutual promises set forth in this Agreement 4Kids Affiliates each hereby releases and other valuable consideration, forever discharges the sufficiency of which has been acknowledged by the PartiesPlaintiffs, and except with respect to compliance with the obligations set forth in this Agreementdirectors, the Defendantsofficers, for themselvesshareholders, and their present and former predecessorsmanagers, successorsmembers, assigns, insurersemployees, attorneys, employeesaccountants, parentsprofessionals, affiliatesagents and representatives of each of the foregoing, related entities, trustees, counsel, collectors, heirs, personal representatives, other agents and/or together with the successors and assigns of any others who have, had, or may have a claim by or through them, to of the fullest extent permitted by law (collectively the “Defendant Releasing Parties”) hereby waives, releases, discharges, and acquits Plaintiffs, and their present and former predecessors, successors, assigns, insurers, attorneys, employees, parents, affiliates, branches, divisions, related entities, subsidiaries, shareholders, members, managers, officers, directors, trustees, counsel, collectors, heirs, personal representatives, and other agents (collectively the “Plaintiff Released Parties)foregoing, from any and all pastclaims, presentdemands, and future claimscounterclaims, actions, causes of action, demandslawsuits, proceedings, adjustments, offsets, recoupments, contracts, obligations, liabilities, controversies, costs, expenses, interest, actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances, trespasses, damages, fees, benefits, compensation, indemnification, obligations, actions, liabilities, losses, judgments, rights to appealextents, liensexecutions, rightsattorneys’ fees and losses whatsoever, debtswhether in law, costsin admiralty, in bankruptcy, or expenses of any nature whatsoeverin equity, and whether based on any theory federal law, state law, common law right of recoveryaction or otherwise, whether at law foreseen or in equityunforeseen, matured or unmatured, known or unknown, direct or indirectderivative, accrued or not accrued based upon wrongful or other acts, omissions, conduct or other matters occurring prior to or existing on the Release Date which the Defendant Releasing Parties they ever had, now have, have or hereafter can, shall or may have have, for, upon, or by reason of any matter, cause or thing whatsoever, as they relate to the relationship between or among Plaintiffs, 4Kids and the 4Kids Affiliates from the beginning of time the world to the Release Date; provided, however, that nothing herein shall constitute a release or discharge of any obligations under this Settlement Agreement. For sake of clarity, except as to money previously returned to 4Kids by Plaintiffs prior to the Effective Date, arising 4Kids releases all claims to, and will not seek to recover as a preference or in or related any other way, any moneys paid to Plaintiffs prior to the Bankruptcy Case and Effective Date, including but not limited to moneys paid during or before the Adversary Proceeding (hereinafter the “Defendant Released Claims”). (b) If any commencement of the Defendant Releasing Parties or an attorney or agent for any of the Defendant Releasing Parties files any civil action in any forum, asserting any of the Defendant Released Claims against any of the Plaintiff Released Parties, this Agreement may be used by the Plaintiff Released Party as a complete defense to any Defendant Released Claims and the Defendant Releasing Parties shall be jointly and severally obligated to pay all costs, expenses, and attorney fees incurred by the Plaintiff Released Party in defending against the Defendant Released Claims, in addition to payment of any settlement or judgment entered against any Plaintiff Released Party, in any such action, to the fullest extent permitted by lawBankruptcy Proceeding. (c) The Defendant Releasing Parties hereby warrant to the Plaintiff Released Parties that they have not assigned or transferred to any person or entity any portion of the ▇▇▇▇▇ Released Claims.