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5. |
Golden Falcon and Sponsor, for themselves, and on behalf of each of their respective Affiliates, equity
holders, partners, joint venturers, lenders, administrators, representatives, shareholders, parents, subsidiaries, officers, directors, attorneys, agents, employees, legatees, devisees, executors, trustees, beneficiaries, insurers, predecessors,
successors, heirs and assigns, hereby absolutely, forever and fully release and discharge MNG, HoldCo, IntermediateCo, FinCo and Merger Sub and each of their Affiliates and each of their respective present and former direct and indirect equity
holders, directors, officers, employees, predecessors, partners, shareholders, joint venturers, administrators, representatives, Affiliates, attorneys, agents, brokers, insurers, parent entities, subsidiary entities, successors, heirs, and assigns,
and each of them, from all claims, contentions, rights, debts, liabilities, demands, accounts, reckonings, obligations, duties, promises, costs, expenses (including, without limitation, attorneys fees and costs), liens, indemnification rights,
damages, losses, actions, and causes of action, of any kind whatsoever, whether due or owing in the past, present or future and whether based upon contract, tort, statute or any other legal or equitable theory of recovery, and whether known or
unknown, suspected or unsuspected, asserted or unasserted, fixed or contingent, matured or unmatured, with respect to, pertaining to, based on, arising out of, resulting from, or relating to the BCA, the Transaction Agreements and the Transactions
(the Golden Falcon Released Claims). |