It's me again. Please help me with this one
Date: Thu, 09/28/2006 - 16:44
RELEASE
THIS RELEASE (Agreement ) is entered into as of the ______ day of September, 2006 by and between a Delaware limited liability company, and
WITNESSETH:
WHEREAS, the Borrower and the Company entered into that certain Loan Agreement dated September,th, 2006 (the “Loan Agreementâ€Â) and other documents related thereto; and
WHEREAS, in connection with the transactions contemplated in the Loan Agreement, the parties desire to execute and deliver this Agreement.
NOW, THEREFORE, the parties hereto, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by all parties, hereby agree as follows:
Release.
(a) Release by the Borrower. The Borrower, for herself and her present and former agents, predecessors, shareholders, directors, officers, employees legal representatives, descendants, spouses, successors, predecessors, agents, attorneys and assigns (collectively, the “Affiliatesâ€Â), does hereby fully release and forever discharge the Company and its Affiliates from and against any and all claims, demands, obligations, causes of action, actions, suits, controversies, debts due, sums of money, trespasses, privileges, covenants, contracts, agreements and promises and any damages, costs, expenses, attorneys’ fees, obligations and liabilities of whatever kind or nature, at law, in equity or otherwise, whether asserted defensively or offensively, whether known or unknown, that any of such parties ever had, now has or may have, but only to the extent arising or occurring from or in any way growing out of facts in existence or alleged to have been in existence on or prior to the date hereof (collectively, the “Released Claimsâ€Â).
(b) No Suits. The Borrower (for herself and her Affiliates) hereby covenants and agrees that they have not directly or indirectly, alone or with others, brought, commenced, instituted, maintained, prosecuted or voluntarily aided, and that they will not directly or indirectly, alone or with others, bring, commence, institute, maintain, prosecute or voluntarily aid, any action, at law or in equity, or any other proceeding against the Company or its Affiliates, either affirmatively or by way of cross-complaint, third-party claims, defense or counterclaim or by any other means with respect to any of the Released Claims.
(c) No Claims Assigned. The Borrower (for herself and her Affiliates) further represents and warrants that they have not assigned or otherwise transferred any right, title or interest in any of the Released Claims. The Borrower further agrees to indemnify and hold the Company and its Affiliates harmless from and against any claims resulting from any such assignment or transfer.
(d) Complete Defense. The parties hereto agree that this Agreement may be pleaded as a full and complete defense to, and may be used as a basis for an injunction against, any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach hereof.
2. Non-Admission. The parties agree that nothing in this Agreement is an admission by any party hereto of fault, liability, of any unlawful act or breach of contract, violation of applicable law or commission of a tort, all of which are expressly denied.
3. Entire Agreement. This Agreement contains the entire agreement between and among the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, arrangements or understandings between the parties hereto relating to the subject matter of this Agreement.
4. Successors and Assigns. This Agreement is and shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, administrators, legal representatives, servants, directors, officers, employees and agents.
5. Amendment; Waiver. This Agreement may be amended only by a written instrument signed by the parties hereto. No provision of this Agreement may be waived orally, but only by a written instrument signed by the party against whom enforcement of such waiver is sought.
6. APPLICABLE LAW. THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MISSOURI, WITHOUT GIVING EFFECT TO THE CONFLICTS OF LAW PRINCIPLES THEREOF.
7. Representations. All parties warrant and represent to all other parties to this Agreement:
(a) that they have read and understand all aspects of this Agreement, and all of its effects;
(b) that they have executed this Agreement as a free and voluntary act of their own free will without any treat, force, fraud, duress or coercion of any kind; and
(c) that they will not disclose the existence, or the terms, of this Agreement to any third party.
8. Invalid Provisions. If any provision hereof is held to be illegal, invalid or unenforceable, such provision shall be modified to the extent necessary to render such provision enforceable and, if necessary, shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision was so modified as of the date hereof, or never comprised a part hereof, as the case may be, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision.
9. Counterparts: Facsimiles: This Agreement may be executed in multiple counterparts, all of which, when combined, shall constitute one (1) agreement. Facsimile signatures shall be effective.
[Remainder of page intentionally left blank; signature page attached.]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
BORROWER:
Actually, I checked in Pollyandsay's blog under corporations. T
Actually, I checked in Pollyandsay's blog under corporations. They claim that they want you to go by the laws of Missouri? I didn't see that they were even licensed in Missouri. I live in Ohio and have dealt with them here. They also go under the names of XpressCash and DMS Marketing. By the way, I don't see that they're licensed in Texas, either. If they aren't licensed IN YOUR STATE, you only need to pay the principal. I also looked under their other names in Texas, and they're not licensed under those, either. When I went to that site, it gave a phone number for Texas residents. It's 1-800-252-1386. You might want to call them just to confirm that they're not listed and they might also be able to confirm that you would only have to pay the principal amount. Good luck to you. Let us know what happens.
right, they aren't licensed in Missouri. I wrote them back and s
right, they aren't licensed in Missouri. I wrote them back and said I could not sign the release unless they could explain why it said it was governed by Missouri laws, why I couldn't show it to a third party, and why there was nothing in there about my settlement. I don't mind giving the interest that Texas says is legal. $30, but I'm not sending any money to them until I get something in writing that says that will settle the debt.
You're right - definitely get something in writing. It seems fis
You're right - definitely get something in writing. It seems fishy that they don't want you to show it to a third party. They're probably afraid that you'll file a complaint with the Attorney General (which wouldn't be a bad idea if they insist on your signing that release - I wouldn't sign anything like that). You should also check out Pollyandsay's blog. She has templates for letters that you can use to send them, if it comes to that.
DON'T borrow the money from them. Why don't you go to a bank a
DON'T borrow the money from them. Why don't you go to a bank and borrow the money you need? You have not even borrowed the money yet and you are already looking for a way to dispute the pay back. If you have to spend this much time researching the pay back then you are looking in the wrong place for money, don't you think? Or are you just looking for a fight? That is not the right way to go about getting a loan. Go to the bank or go without. You are just looking for trouble and with a PDL you are going to find more of it than you realize. DONT DO IT.
Is an email ok? I got an email back from them that said: You
Is an email ok? I got an email back from them that said:
You do not have to sign the release form if you do not feel comfortable. We only request that you send by money order the original amount given of $300 to the address listed below:
2756 North Green Valley Pkwy
Suite 870
Henderson, NV 89014-2120
After we receive the payment of $300 we will consider your loan paid in full.
How much have you paid on the loan so far, including the roll-ov
How much have you paid on the loan so far, including the roll-over/interest payments? If you haven't paid anything yet, I would send them the $300 on the principal amount you borrowed.
Yes, I would make sure that I kept all written communication fro
Yes, I would make sure that I kept all written communication from them for your records.