Company Released Claims

Company Released Claims. Means all Claims subject to the release provided in Section 1(a) above, which shall not include, for the avoidance of doubt, any Director Excluded Claims.

Company Released Claims. Any and all claims, counterclaims, rights, demands, actions, suits, requests, proceedings, liabilities or causes of action whether known or unknown at the time of this Agreement, that any of the Companies may have, directly or indirectly (including pursuant to any class action), that arise out of or relate in any way to (a) the Obligations, (b) the Loan Documents, (c) the CIT Financing Agreement, (d) the Participation Agreement, (e) the proposed Merger Agreement or Merger (together, the... "Transaction Agreements") or any actions of the LJH Released Parties in connection therewith, (f) Lender's prior loans to the Company, or any action of Lender, or by any LJH Released Party on behalf of Lender, in its capacity as a lender to the Company, with respect to such prior loans, or (g) Lender's status as a stockholder of the Company, or arising out of any action by Lender or by any LJH Released Party on behalf of the Lender, in its capacity as a stockholder of the Company (including without limitation claims for negligence, gross negligence, fraud, negligent misrepresentation, breach of the duty of care, breach of the duty of loyalty, breaches of the duties of candor, good faith or fair dealing, or breaches of any other fiduciary duty) arising prior to the date of this Agreement (collectively, "Company Released Claims"). View More