definiens: ; and shall have the correlative meaning ), all of thebluebird Retained Liabilities and ( ii ) 2seventy hereby Assumes all of the 2seventy Liabilities, in each case regardless of ( A)when or where such Liabilities arose or arise, ( B ) where or against whom such Liabilities are asserted or determined, ( C)whether such Liabilities arise from or are alleged to arise from negligence, gross negligence, recklessness, violation of law, willful misconduct, bad faith, fraud or misrepresentation by any member of the bluebird Group or the 2seventy Group, as thecase may be, or any of their past or present respective directors, officers, employees, or agents, ( D ) which entity is namedin any action associated with any Liability and20(E ) whether the facts on which such Liabilities are based occurred prior to, on or after the date hereof