LJH 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 Lender or any of its affiliates may have, directly or indirectly (including pursuant to any class action), that arise out of or relate in any way to: (A) the proposed Merger Agreement or Merger or any actions of the Company Released Parties in connection therewith, (B) claims arising by reason of Lender's prior
... loans to the Company, or any action of any Company Released Party on behalf of Company with respect to such prior loans, or (C) the Lender's status as a stockholder of the Company, including: (x) claims arising from Lender's purchase, acquisition or ownership of shares of Company Common Stock prior to the date of this Agreement (including without limitation, to the extent relevant or applicable, claims that may arise out of: (i) any purchase of the senior subordinated convertible PIK notes due 2006 of the Company, (ii) any tender of senior subordinated convertible PIK notes due 2006 to the Company in the Company's January 2005 and August 2005 tender offers in exchange for shares of the Company's Common Stock, and/or (iii) any purchase of shares of Common Stock in the Company's rights offering that closed on November 22, 2005) and (y) claims arising solely by reason of Lender's status 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 (the "LJH Released Claims").
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