Facsimile and Electronic Transmissions. The Securities Intermediary agrees to accept and act upon instructions or directions pursuant to this Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided that any person providing such instructions or directions shall provide to the Securities Intermediary an incumbency certificate listing such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Pledgor elects to give the Securities Intermediary e-mail or facsimile instructions (or instructions by a similar electronic method), the Securities Intermediary’s understanding of such instructions shall be deemed controlling. The Securities Intermediary shall not be liable for any losses, costs or expenses arising directly or indirectly from the Securities Intermediary’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Pledgor agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Securities Intermediary, including without limitation the risk of the Securities Intermediary acting on unauthorized instructions, and the risk of interception and misuse by third parties.
Facsimile and Electronic Transmissions. The Trustee agrees to accept and act upon instructions or directions pursuant to this Bond Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that (a) subsequent to such transmission of written instructions and/or directions the Trustee shall forthwith receive the originally executed instructions and/or directions in a timely manner, (b) such originally executed instructions and/or directions shall be signed by a Person designated and authorized to sign for the party signing such instructions and/or directions, and (c) the Trustee shall have received an incumbency certificate listing such designated Persons and containing specimen signatures of such designated Persons, which such incumbency certificate shall be amended and replaced whenever a Person is to be added or deleted from the listing. If the Issuer or the Borrower elects to give the Trustee e-mail or facsimile instructions (or instructions by similar Electronic Means) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees (and by approving this Bond Indenture the Borrower agrees) to assume all risks arising out of the use of such Electronic Means to submit instructions and directions to the Trustee, including, without limitation, the risk of the Trustee acting on unauthorized instructions and the risk of interception and misuse by third parties.
Facsimile and Electronic Transmissions. Bank and Merchant agree that facsimile transmissions are acceptable for purposes of this Agreement and that facsimile signatures shall be deemed to be originals and have the full force and effect thereof. The Federal E-Sign Act (HR- 1714) on Final Digital Signature provides that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures. Bank and Merchant agree that electronic signatures and transmissions may be utilized and shall be deemed to be originals.
Facsimile and Electronic Transmissions. Bank and Merchant agree that facsimile transmissions are acceptable for purposes of this Agreement and that facsimile signatures shall be deemed as originals and have the full force and effect thereof. If the parties agree, electronic signatures and transmissions may be utilized and shall be deemed as originals.
Facsimile and Electronic Transmissions. The Collateral Custodian agrees to accept and act upon instructions or directions pursuant to this Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that any Person providing such instructions or directions has provided to the Collateral Custodian an incumbency certificate listing designated individuals, which incumbency certificate must be amended and replaced whenever a designated individual is to be added or deleted from the listing. If the Borrower, the Collateral Manager or the Administrative Agent elects to give the Collateral Custodian e-mail or facsimile instructions (or instructions by a similar electronic method), the Collateral Custodian’s understanding of such instructions will be controlling. The Collateral Custodian will not be liable for any losses, costs or expenses arising directly or indirectly from the Collateral Custodian’s reliance upon and compliance with such instructions notwithstanding that such instructions may conflict with or be inconsistent with a subsequent written instruction. The Borrower, the Collateral Manager and the Administrative Agent agree to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Collateral Custodian, including the risk of the Collateral Custodian acting on unauthorized instructions and the risk of interception and misuse by third parties.
