| 1.5 | The Debtor and the Successor Creditor hereby acknowledge and agree that this settlement agreement constitute the full and entire understanding and agreement between the parties. Upon the full payment of the principal amount US$ 20,000,000 under the Convertible Bond Agreement, all the rights and liabilities under Original CB and Convertible Bond Agreement shall be terminated. Each party on behalf of themselves, their heirs, representatives, lawyers, executors, administrators, successors and assigns hereby irrevocably and unconditionally releases, discharge, and permanently exempts the other party and its past, present and future parent companies, subsidiaries, affiliates, former entities, successor companies and commercial entities, their agents, directors, executives, employees, shareholders, insurers, reinsurers, employee benefit plans (and the custodians, administrators, trustees agent, insurer and reinsurer of these plans), as well as heirs, executors, administrators, predecessor entities, successor companies and assigns, and each and all of them, of and from any and all claims, and demands, liens, actions, suits, causes of action, obligations, controversies, debts, losses, costs, attorneys’ fees, expenses, damages, judgments, orders, and liabilities of whatever kind, nature or description, at law, in equity, or otherwise, whether now known or unknown, fixed or contingent, suspected or unsuspected, and whether or not concealed or hidden, that have existed or may have existed, or which do exist or which hereafter can, shall or may exist, based on any facts, events, matters, acts or omissions arising out of or in connection with the Convertible Bond Agreement and this Agreement. |
