THIS AMENDMENT), IN EACH CASE, TO THE EXTENT ARISING ON OR
PRIOR TO THE SECOND AMENDMENT EFFECTIVE DATE. THE WAIVERS, RELEASES, AND
DISCHARGES OF THIS ARTICLE 7 SHALL BE EFFECTIVE ON THE SECOND AMENDMENT
EFFECTIVE DATE, REGARDLESS OF WHETHER ANY OF THE COVENANTS OR AGREEMENTS IN THIS
AMENDMENT ARE SATISFIED AND REGARDLESS OF ANY OTHER EVENT THAT MAY OCCUR OR NOT
OCCUR AFTER THE SECOND AMENDMENT EFFECTIVE DATE. THE RELEASORS AGREE NOT TO SUE
ANY RELEASED PARTY OR IN ANY WAY ASSIST ANY OTHER PERSON IN SUING ANY RELEASED
PARTY WITH RESPECT TO ANY CLAIM RELEASED HEREIN. THIS ARTICLE 7 MAY BE PLEADED
AS A FULL AND COMPLETE DEFENSE TO, AND MAY BE USED AS THE BASIS FOR AN
INJUNCTION AGAINST, ANY ACTION, SUIT, OR OTHER PROCEEDING WHICH MAY BE
INSTITUTED, PROSECUTED, OR ATTEMPTED IN BREACH OF THE RELEASE CONTAINED HEREIN.
Section 7.2. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THIS AMENDMENT OR ANY OTHER LOAN DOCUMENT TO THE CONTRARY, NONE OF
THE RELEASED PARTIES SHALL BE LIABLE FOR ANY SPECIAL, RELIANCE, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING WITHOUT
LIMITATION, FOR LOSS OF PROFITS OR INCOME, LOSS OF USE OR LOSS OF TIME, WHETHER
IN CONTRACT, TORT, OR OTHERWISE RESULTING FROM ANY RELEASED PARTY'S OR
RELEASOR'S PERFORMANCE, NON-PERFORMANCE OR DELAY IN PERFORMANCE OF ITS
OBLIGATIONS UNDER THIS AMENDMENT OR ANY OTHER LOAN DOCUMENT, WHETHER OR NOT ANY
RELEASOR OR RELEASED PARTY (AS APPLICABLE) HAD KNOWLEDGE OF THE CIRCUMSTANCES
THAT RESULTED IN THE SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR
INJURY, OR HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, OR COULD
HAVE FORESEEN THAT SUCH DAMAGES OR INJURY WOULD OCCUR; AND EACH RELEASOR, ON
BEHALF OF ITSELF AND EACH OF ITS SUCCESSORS AND ASSIGNS, HEREBY IRREVOCABLY
WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY SUCH CLAIM FOR ANY SUCH DAMAGES,
WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS
FAVOR.
SECOND AMENDMENT TO CREDIT AGREEMENT, Page 9
Section 7.3. RELEASORS' ACKNOWLEDGMENTS. EACH RELEASOR ACKNOWLEDGES, WARRANTS
AND REPRESENTS TO EACH RELEASED PARTY THAT:
(a) SUCH RELEASOR (I) HAS READ AND UNDERSTANDS THE EFFECT OF THE WAIVERS,
RELEASES AND OTHER AGREEMENTS CONTAINED IN THIS ARTICLE 7, (II) HAS HAD THE
ASSISTANCE OF INDEPENDENT COUNSEL OF ITS OWN CHOICE, OR HAS HAD THE OPPORTUNITY
TO RETAIN SUCH INDEPENDENT COUNSEL, IN REVIEWING, DISCUSSING AND CONSIDERING ALL
THE TERMS OF THE WAIVERS, RELEASES, AND OTHER AGREEMENTS CONTAINED IN THIS
ARTICLE 7, AND (III) BEFORE THE EXECUTION AND DELIVERY OF THIS AMENDMENT, SUCH
RELEASOR HAS HAD ADEQUATE OPPORTUNITY TO MAKE WHATEVER INVESTIGATION OR INQUIRY
IT MAY DEEM NECESSARY OR DESIRABLE IN CONNECTION WITH THE SUBJECT MATTER OF THE
WAIVERS, RELEASES AND OTHER AGREEMENTS CONTAINED IN THIS ARTICLE 7;
(b) SUCH RELEASOR HAS EXECUTED AND DELIVERED THIS AMENDMENT AND THE WAIVERS,
RELEASES AND OTHER AGREEMENTS CONTAINED IN THIS ARTICLE 7 AS ITS FREE AND
VOLUNTARY ACT, WITHOUT ANY DURESS, COERCION, OR UNDUE INFLUENCE EXERTED BY OR ON
BEHALF OF ANY PERSON; AND
(c) SUCH