Common use of Reproduction of Documents Clause in Contracts

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 14 contracts

Samples: Note Purchase Agreement (Nui Corp /Nj/), Note Purchase Agreement (Ferrellgas Partners Finance Corp), Proquest Co

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Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes MRP Shares themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes MRP Shares from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 6 contracts

Samples: Securities Exchange Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Securities Purchase Agreement (Kayne Anderson MLP Investment CO), Agency Agreement (Kayne Anderson MLP Investment CO)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such any Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such any Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 18 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it the Company or such other holder could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 5 contracts

Samples: ServisFirst Bancshares, Inc., ServisFirst Bancshares, Inc., Note Purchase Agreement (ServisFirst Bancshares, Inc.)

Reproduction of Documents. This Agreement and the Subsidiary Guaranty and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 5 contracts

Samples: Collateral Agency Agreement (Modine Manufacturing Co), Modine Manufacturing Co, Intercreditor Agreement (Modine Manufacturing Co)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (a) consents, waivers waivers, amendments and other modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserany holder of the Notes, may be reproduced by such Purchaser holder by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser holder may destroy any original document so reproduced. The Each Constituent Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser holder of the Notes in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the a Constituent Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 5 contracts

Samples: Agreement (Hawaiian Electric Industries Inc), Agreement (Hawaiian Electric Co Inc), Note Purchase and Guaranty Agreement (Hawaiian Electric Co Inc)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, including (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser on the Execution Date or at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Each Constituent Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the either Constituent Company or any other Purchaser or holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 4 contracts

Samples: Pledge Agreement (Sunstone Hotel Investors, Inc.), Subsidiary Guaranty Agreement (Americold Realty Trust), Note and Guarantee Agreement (Sunstone Hotel Investors, Inc.)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the applicable Closing Day (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 4 contracts

Samples: Guaranty Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co), Note Purchase and Private Shelf Agreement (Tiffany & Co)

Reproduction of Documents. This Agreement or the Mortgage Indenture (including the Supplemental Indenture), as the case may be, and all documents relating hereto and thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser the Purchasers at the Closing (except the Notes themselves), ) and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserany Purchaser or holder of the Notes, may be reproduced by such Purchaser or such holder by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser or such holder may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such any Purchaser or holder of the Notes in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other Purchaser or holder of Notes a Note from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 4 contracts

Samples: Supplemental Indenture (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp), Purchase Agreement (New Jersey Resources Corp)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates the Issuer agree and stipulate that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the Company Company, the Issuer or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 4 contracts

Samples: Note Purchase Agreement (Evans Bob Farms Inc), Note Purchase Agreement (Jackson Hewitt Tax Service Inc), Jackson Hewitt Tax Service Inc

Reproduction of Documents. This Agreement and all documents relating thereto, including, including without limitation, limitation (a) consents, waivers and modifications that which may hereafter be executed, (b) documents received by each the Purchaser at the Closing closing of its purchase of the Note (except the Notes themselvesNote itself), and (c) financial statements, certificates and other information previously or hereafter furnished to each the Purchaser, may be reproduced by such the Purchaser by any photographic, photostatic, microfilm, microcardmicro-card, miniature photographic or other similar process and such the Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, that any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such the Purchaser in the regular course of business) and that any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 4 contracts

Samples: Note Agreement (Standard Management Corp), Note Agreement (Standard Management Corp), Note Agreement (Standard Management Corp)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, including (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser on the Execution Date or at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees Issuer and stipulates the General Partner agree and stipulate that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the Company Issuer, the General Partner or any other Purchaser or holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 4 contracts

Samples: Note and Guaranty Agreement (First Industrial Lp), Note and Guaranty Agreement (First Industrial Lp), Note and Guaranty Agreement (First Industrial Lp)

Reproduction of Documents. This Agreement Agreement, each Subsidiary Guaranty and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.. Sensient Technologies Corporation Note Purchase Agreement

Appears in 4 contracts

Samples: Guaranty Agreement (Sensient Technologies Corp), Guaranty Agreement (Sensient Technologies Corp), Note Purchase Agreement (Sensient Technologies Corp)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees Obligors agree and stipulates stipulate that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company Obligors or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 4 contracts

Samples: Note Purchase Agreement (Sovran Self Storage Inc), Note Purchase Agreement (Sovran Acquisition LTD Partnership), Note Purchase Agreement (Sovran Self Storage Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser on the date hereof or at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company Issuer agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company Issuer or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 3 contracts

Samples: Note Purchase Agreement (STAG Industrial, Inc.), Note Purchase Agreement (STAG Industrial, Inc.), Note Purchase Agreement (STAG Industrial, Inc.)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser the Purchasers at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserany holder of the Notes, may be reproduced by such Purchaser holder by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser holder may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser any holder of the Notes in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 3 contracts

Samples: Note Purchase Agreement (American Capital Strategies LTD), Subsidiary Guaranty Agreement (Ruby Tuesday Inc), Subsidiary Guaranty Agreement (Ruby Tuesday Inc)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing or on the Funding Date (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 3 contracts

Samples: Note Purchase Agreement (Otter Tail Corp), Otter Tail Corp, Otter Tail Corp

Reproduction of Documents. This Agreement, each Operative Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that notifications which may hereafter be executed, (b) documents received by each Purchaser you at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaseryou, may be reproduced by such Purchaser you by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser you may destroy any original document so reproduced. The Each General Partner and the Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser you in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 3 contracts

Samples: Underwriting Agreement (Cornerstone Propane Partners Lp), Note Agreement (Cornerstone Propane Partners Lp), Cornerstone Propane Partners Lp

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), ) and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserany holder of the Notes, may be reproduced by such Purchaser holder by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser holder may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser any holder of the Notes in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 3 contracts

Samples: Note Purchase Agreement (American Capital Strategies LTD), Note Purchase Agreement (American Capital Strategies LTD), Note Purchase Agreement (American Capital Strategies LTD)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (ai) consents, waivers and modifications that which may hereafter be executed, (bii) documents received by each Purchaser you at the Closing closing of the purchase of the Notes (except the Notes themselves), and (ciii) financial statements, certificates and other information previously or hereafter furnished to each Purchaseryou, may be reproduced by such Purchaser you by any photographic, photostatic, microfilm, microcardmicro-card, miniature photographic or other similar process process, and such Purchaser you may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, Guarantor agree and stipulate that any such reproduction which is legible shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser you in the regular course of business) and that any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 ; provided that nothing herein contained shall not prohibit preclude the Company or and the Guarantor from objecting to the admission of any other holder of Notes from contesting any reproduction on the basis that such reproduction to the same extent that it could contest the originalis not accurate, has been altered or from introducing evidence to demonstrate the inaccuracy of any such reproductionis otherwise incomplete.

Appears in 3 contracts

Samples: Note Purchase Agreement (Oneida LTD), Note Agreement (Oneida LTD), Note Agreement (Oneida LTD)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser at the Closing any closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Purchase and Private Shelf Agreement (Schawk Inc), Note Purchase and Private Shelf Agreement (Schawk Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the any Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Purchase Agreement (Ametek Inc/), Note Purchase Agreement (Ametek Inc/)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the any Closing (except the Original Series A Notes and the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Guarantee Agreement (MSA Safety Inc), Multi Currency Note Purchase and Private Shelf Agreement (MSA Safety Inc)

Reproduction of Documents. This Agreement and all documents relating theretothereto (except the Notes themselves), including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Purchase Agreement (Unitil Corp), Note Purchase Agreement (Unitil Corp)

Reproduction of Documents. This Agreement Agreement, the Subsidiary Guaranty and the Subordination Agreements and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser you at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaseryou, may be reproduced by such Purchaser you by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser you may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser you in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Purchase Agreement (Enerplus Resources Fund), Note Purchase Agreement (Enerplus Resources Fund)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserthe Purchasers, may be reproduced by such Purchaser the Purchasers by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser the Purchasers may destroy any original document so reproduced. The Company agrees Issuers agree and stipulates stipulate that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company any Issuer or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Purchase Agreement (Curtiss Wright Corp), Note Purchase Agreement (Curtiss Wright Corp)

Reproduction of Documents. This Agreement Agreement, the Subsidiary Guaranty and the Subordination Agreements and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser you at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaseryou, may be reproduced by such Purchaser you by any photographic, photostatic, electronic, digital, microfilm, microcard, miniature photographic or other similar process and such Purchaser you may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser you in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Purchase Agreement (ENERPLUS Corp), Subordination Agreement (ENERPLUS Corp)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (a) consents, waivers waivers, amendments and other modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserany holder of a Note, may be reproduced by such Purchaser or holder by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser or holder may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser or holder in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other Purchaser or holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Agreement (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Co Inc)

Reproduction of Documents. This Agreement and all documents ------------------------- relating thereto, including, without limitation, (ai) consents, waivers and modifications that which may hereafter be executedexecuted and , (bii) documents received by each Purchaser at the Closing (except the Notes themselves), Stockholders pursuant hereto and (ciii) financial statements, certificates and other information previously or hereafter furnished to each PurchaserManagement Stockholder, may be reproduced by such Purchaser each Management Stockholder by any an photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser each Management Stockholder may destroy any original document so reproduced. The Company agrees All parties hereto agree and stipulates that, to the extent permitted by applicable law, stipulate that any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser each Management Stockholder in the regular course of business) and that any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Stockholders Agreement (Knoll Inc), Stockholders Agreement (Knoll Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such any Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates the Parent agree and stipulate that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the Company or the Parent or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Purchase Agreement (Luxottica Group Spa), Note Purchase Agreement (Luxottica Group Spa)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserthe Purchasers, may be reproduced by such Purchaser the Purchasers by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser the Purchasers may destroy any original document so reproduced. The Company agrees Issuers agree and stipulates stipulate that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company any Issuer or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Purchase Agreement (Curtiss Wright Corp), Note Purchase Agreement (Curtiss Wright Corp)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each the Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserany Holder, may be reproduced by such Purchaser the Holders by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser each Holder may destroy any original document so reproduced. The Company Each Obligor agrees and stipulates that, to the extent permitted by applicable lawGoverning Law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser any Holder in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 SECTION 9.05 shall not prohibit the Company each Obligor or any other holder Holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note and Stock Purchase Agreement (Aps Healthcare Inc), Note and Stock Purchase Agreement (Aps Healthcare Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic photographic, electronic or digital, or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Master Note Purchase Agreement (CHS Inc), Note Purchase Agreement (CHS Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees Obligors agree and stipulates stipulate that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 21 shall not prohibit the Company either Obligor or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Amcor Finance (Amcor PLC), Amcor Finance (Amcor PLC)

Reproduction of Documents. This Agreement Agreement, the Guaranty and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser may destroy any original document so reproduced. The Parent Guarantor and the Company agrees agree and stipulates stipulate that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Parent Guarantor, the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Purchase Agreement (Agree Realty Corp), Agree Realty Corp

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes and Note Guarantees themselves), ) and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company Authority agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 21 shall not prohibit the Company Authority or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Guarantee Agreement (Mohegan Tribal Gaming Authority), Facility Agreement (Mohegan Tribal Gaming Authority)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be Cleco Power LLC Note Purchase Agreement reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Purchase Agreement (Cleco Corp), Cleco Corp

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each the Purchaser at the Closing (except the Notes themselvesNote itself), and (c) financial statements, certificates and other information previously or hereafter furnished to each the Purchaser, may be reproduced by such the Purchaser by any photographic, photostatic, microfilmmicro-film, microcard, miniature photographic or other similar process and such the Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such the Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 18 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Purchase Agreement (Southern California Water Co), Note Purchase Agreement (Golden State Water CO)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Execution Date or the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees Obligors agree and stipulates stipulate that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the Company any Obligor or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Oaktree Capital Group, LLC, Oaktree Capital Group, LLC

Reproduction of Documents. This Agreement Agreement, the Notes, and the other Loan Documents and all documents relating hereto and thereto, including, without limitation, including (a) consents, waivers and modifications that notifications which may hereafter be executed, (b) documents received by each Purchaser the Purchasers at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserany Holder of a Note, may be reproduced by such Purchaser Holder or the Company by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproducedreproduced may be destroyed. The Company agrees and stipulates the Purchasers agree and stipulate that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Agreement (Cash America International Inc), Note Agreement (Cash America International Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each a Purchaser at the on any Closing Day (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such a Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Master Shelf Agreement (Mdu Resources Group Inc), Master Shelf Agreement (Mdu Resources Group Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the either Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company Company, any Purchaser or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Purchase Agreement (Ametek Inc/), Ametek (Ametek Inc/)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees Obligors agree and stipulates stipulate that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the Company an Obligor or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note and Guarantee Agreement (Gtech Holdings Corp), Note and Guarantee Agreement (Midas Inc)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser on the Execution Date or at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company Company, the Purchasers or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction. SECTION 20.

Appears in 2 contracts

Samples: Note Purchase Agreement (Eastgroup Properties Inc), Eastgroup Properties Inc

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser you at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaseryou, may be reproduced by such Purchaser you by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser you may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser you in the regular Xxxx Xxxxxxxxx Natural Gas Company Note Purchase Agreement course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Purchase Agreement (Spectra Energy Partners, LP), Note Purchase Agreement (Spectra Energy Partners, LP)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at any closing of the Closing issuance of Notes (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any 45 enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Private Shelf Agreement (Wausau Paper Corp.), Note Agreement (Wausau Paper Corp.)

Reproduction of Documents. This Agreement and all documents relating thereto, thereto including, without limitation, (a) consents, waivers and modifications that which may hereafter be executed, (b) documents received by each Purchaser at the Closing closing of its purchase of the Notes (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each such Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcardmicro-card, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, that any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and that any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Purchase Agreement (Crown Pacific Partners L P), Note Purchase Agreement (Crown Pacific Partners L P)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Note Purchase Agreement (Ametek Inc/), Note Purchase Agreement (DPL Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser Apollo Management at the Closing (except the Notes Debentures themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each PurchaserApollo Management, may be reproduced by such Apollo Management or any Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and Apollo Management or such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by Apollo Management or such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 11 shall not prohibit the Company or any other holder of Notes Debentures from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 2 contracts

Samples: Registration Rights Agreement (Apollo Investment Fund Iv Lp), Purchase Agreement (Sylvan Learning Systems Inc)

Reproduction of Documents. This Agreement Agreement, the Guaranty Agreements, and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Ugi Corp /Pa/

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the each Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserany Purchaser or any holder of a Note, may be reproduced by such Purchaser or such holder by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Ugi Corp /Pa/)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser you at the Closing (except the Notes Notes, the Subsidiary Guarantees and Warrants themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaseryou, may be reproduced by such Purchaser you by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser you may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser you in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes Notes, Subsidiary Guarantees or Warrants from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Denali Inc)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser on the Execution Date or at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company Company, the Purchasers or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Eastgroup Properties Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.. Alliance Resource GP, LLC Note Purchase Agreement

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Alliance Resource Partners Lp)

Reproduction of Documents. This Subject in all respects to the confidentiality provisions of Section 23, this Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser any Lender at the Closing (except the Notes Loans themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserany Lender, may be reproduced by such Purchaser Lender by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser Lender may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable lawApplicable Law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser Lender in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the Company Company, the Paying Agent or any other holder of Notes Lender from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Credit Agreement (loanDepot, Inc.)

Reproduction of Documents. This Agreement and all documents relating thereto, including, including without limitation, limitation (ai) consents, waivers waivers, amendments and modifications that may hereafter be executed, ; (bii) documents received by each Purchaser the Investors and their Subsidiaries and Affiliates at the Closing any closing (except the Notes Subject Securities themselves), ; and (ciii) financial statements, certificates and other information previously or hereafter furnished to each Purchaserin connection herewith, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproducedreproduced may be destroyed. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 6.17 shall not prohibit the Company or any other holder of Notes party hereto from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Investment Agreement (Mony Group Inc)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Tiffany & Co)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.. Xxxxxxxxxx, X.X. Note Purchase Agreement

Appears in 1 contract

Samples: Note Purchase Agreement (Ferrellgas Partners Finance Corp)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserany holder of Notes, may be reproduced by such Purchaser holder by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser any holder may destroy any original document so reproduced. The Company Each of the Company, the Guarantor and the General Partner agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser any holder in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Magellan Midstream Partners Lp)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser you at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaseryou, may be reproduced by such Purchaser you by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser you may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser you in the regular Healthcare Realty Trust Incorporated Note Purchase Agreement course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Healthcare Realty Trust Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser at Agent or any Lender on the Closing Date (except the physical Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each PurchaserAgent or any Lender, may be reproduced by such Purchaser Person by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser Person may destroy any original document so reproduced. The Company Borrower agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser the Agent or any Lender in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 SECTION 18.10 shall not prohibit the Company Borrower or any other holder of Notes Lender from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Term Loan Agreement (James River Coal CO)

Reproduction of Documents. This Agreement Agreement, each of the other Note Documents and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications of this Agreement or any other Note Document that may hereafter be executed, (b) documents received by each Purchaser you at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaseryou, may be reproduced by such Purchaser you by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser you may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser you in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 18 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Wireless One Inc)

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Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such Artisan Partners Holdings LP Note Purchase Agreement reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Artisan Partners Asset Management Inc.)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, Global Water Resources, Inc. Note Purchase Agreement certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Global Water Resources, Inc.)

Reproduction of Documents. This Agreement Agreement, the Guaranty and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser may destroy any original document so reproduced. The Parent Guarantor and the Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Parent Guarantor, the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.. Note Purchase Agreement

Appears in 1 contract

Samples: Note Purchase Agreement (Retail Opportunity Investments Partnership, LP)

Reproduction of Documents. This Agreement Agreement, the Indenture and the Second Supplemental Indenture and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each a Purchaser at the Closing (except the Notes Bonds themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser you in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 14 shall not prohibit the Company or any other holder Holder of Notes Bonds from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Financing Agreement (Black Hills Power Inc)

Reproduction of Documents. This Agreement Agreement, the Parent Guaranty and the Subsidiary Guaranty and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser you at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaseryou, may be reproduced by such Purchaser you by any photographic, photostatic, microfilm, microcard, miniature photographic photographic, electronic or other similar process and such Purchaser you may destroy any original document so reproduced. The Parent Company and the Company each agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser you in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Parent Company, the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Penn Virginia Resource Partners L P

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Alliance Resource GP, LLC Note Purchase Agreement Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Alliance Resource Partners Lp)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such any Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such any Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it the Company or such other holder could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Park National Corp /Oh/

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaser, may be reproduced by such each Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Tecumseh Products Co)

Reproduction of Documents. This Agreement, the Security Documents, the Subsidiary Guaranty, the Intercreditor Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser you at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaseryou, may be reproduced by such Purchaser you by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser you may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser you in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Cornell Corrections Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by -56- such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company Parent Issuer agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the Parent Issuer, the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Guaranty Agreement (Teledyne Technologies Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Waters Corporation Note Purchase Agreement Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Waters Corp /De/)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such the Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder Holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Omnipoint Corp \De\)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser the Purchasers at the Closing (except the Notes themselves), ) and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserany holder of the Notes, may be reproduced by such Purchaser holders by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser holders may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser any holder of the Notes in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Odyssey Re Holdings Corp)

Reproduction of Documents. This Agreement, each other Operative Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that notifications which may hereafter be executed, (b) documents received by each Purchaser the Holders at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserthe Holders, may be reproduced by such Purchaser the Holders by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser the Holders may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser the Holders in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the Company Company, the Collateral Agent or any other holder of Notes Holder from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Pacific Aerospace & Electronics Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser any holder of Notes at the Closing time such Notes were issued (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserany holder of Notes, may be reproduced by such Purchaser holder by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser holder may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser you in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Marcus Corp)

Reproduction of Documents. This Agreement Agreement, each of the other Note Documents and all other agreements, certificates and other documents relating thereto, including, without limitation, (a) consentsamendments, waivers and modifications consents of or to this Agreement or any other Note Document that may hereafter be executed, (b) documents received by each Purchaser at on the Closing Investment Date (except the Notes themselves), ) and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaseryou, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproducedprocess. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 XVI shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, original or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Investment Agreement (Wexford Management LLC)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser on the Execution Date or at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other Purchaser or holder of Notes a Note from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Barnes Group Inc)

Reproduction of Documents. This Agreement Agreement, the Notes, the other Loan Documents and all documents relating hereto and thereto, including, without limitation, including (a) consents, waivers and modifications that notifications which may hereafter be executed, (b) documents received by each Purchaser the Purchasers at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserany Holder of a Note, may be reproduced by such Purchaser Holder or the Company by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproducedreproduced may be destroyed. The Company agrees and stipulates the Purchasers agree and stipulate that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Cash America International Inc

Reproduction of Documents. This Agreement and the Subsidiary Guaranty and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section SECTION 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Sanderson Farms Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselvesSeries A Cumulative Convertible Preferred Stock itself), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 11 shall not prohibit the Company or any other holder of Notes Series A Cumulative Convertible Preferred Stock from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Purchase Agreement (Jefferies Group Inc /De/)

Reproduction of Documents. This Agreement, the Constituent Company Guaranty, the Intercreditor Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser you at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaseryou, may be reproduced by such Purchaser you by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser you may destroy any original document so reproduced. The Company agrees Obligors agree and stipulates stipulate that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser you in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section SECTION 19 shall not prohibit the Company Obligors or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Intercreditor Agreement (Hub Group Inc)

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes Bonds themselves), ) and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserany holder of Bonds, may be reproduced by any Person who is a party to or recipient of any such Purchaser document by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser Person may destroy any original document so reproduced. The Company agrees and stipulates each Purchaser agree and stipulate that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser Person in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 13 shall not prohibit the Company Company, any Purchaser or any other holder of Notes Bonds from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Bond Purchase Agreement (Westar Energy Inc /Ks)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Senior Subordinated Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 21 shall not prohibit the Company or any other holder Holder of Senior Subordinated Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Digitalglobe Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing closing of any purchase of Notes hereunder (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each such Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (West Pharmaceutical Services Inc)

Reproduction of Documents. This Agreement (including any Supplemental Note Purchase Agreement) and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Guaranty Agreement (Davey Tree Expert Co)

Reproduction of Documents. This Agreement and all documents relating theretorelated documents, including, without limitation, including (a) consents, waivers and modifications that which may hereafter subsequently be executed, (b) documents received by each Purchaser at the Closing closing of each Purchaser's purchase of the Notes (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter subsequently furnished to each any Purchaser, may be reproduced by such any Purchaser by any photographic, photostatic, microfilm, microcardmicro-card, miniature photographic or other similar process and such any Purchaser may destroy any original document so reproduced. The Company agrees and stipulates thatthat any such reproduction shall, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such the reproduction was made by such any Purchaser in the regular course of business) and that any enlargement, facsimile or further reproduction of such the reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Agreement (Chesapeake Utilities Corp)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the any Closing (except the Original Series A Notes and the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction. 21.

Appears in 1 contract

Samples: Note Purchase Agreement

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, including (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each the Purchaser at on the Closing Date (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each the Purchaser, may be reproduced by such the Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such the Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such the Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Agreement (Pioneer Group Inc)

Reproduction of Documents. This Agreement and all documents ------------------------- relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser the Purchasers at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserthe Purchasers, may be reproduced by such Purchaser the Purchasers by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser the Purchasers may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser the Purchasers in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 11.6 shall not prohibit the Company or any other holder of Notes ------------ from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Acuson Corp)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial CTDOCS/1630373.11 statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (West Pharmaceutical Services Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each the Purchaser at the Closing (except the Notes themselvesNote itself), and (c) financial statements, certificates and other information previously or hereafter furnished to each the Purchaser, may be reproduced by such the Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such the Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such the Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 Article XIX shall not prohibit the Company or any other holder of Notes the Note from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Guaranty Agreement (Otter Tail Corp)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each a Purchaser at the on a Closing Day (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each such Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Lennox International Inc

Reproduction of Documents. This Agreement and all documents relating theretohereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser the Noteholders at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserthe Noteholders, may be reproduced by such Purchaser the Noteholders by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser the Noteholders may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser a Noteholder in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (C Quential Inc)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, including (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic photographic, electronic or digital, or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (CHS Inc)

Reproduction of Documents. This Agreement Agreement, the Indenture and the Third Supplemental Indenture and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each a Purchaser at the Closing (except the Notes Bonds themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcard, miniature photographic digital or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser you in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 14 shall not prohibit the Company or any other holder Holder of Notes Bonds from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Bond Purchase Agreement (Black Hills Power Inc)

Reproduction of Documents. This Agreement Agreement, and all documents relating theretohereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at or prior to the Closing Date (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 20 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Macdonald (Macdonald Dettwiler & Associates LTD)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaserany Purchaser or any holder of a Note, may be reproduced by such Purchaser or such holder by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction. SECTION 20.

Appears in 1 contract

Samples: Note Purchase Agreement (Ugi Corp /Pa/)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each any Purchaser at on the date of the Restatement Closing Date (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each any Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilmelectronic, microcarddigital, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company or any other holder Holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Note Purchase Agreement (Deltic Timber Corp)

Reproduction of Documents. This Agreement and all documents relating thereto, including, without limitation, (a) consents, waivers and modifications that may hereafter be executed, (b) documents received by each Purchaser at the Closing (except the Notes themselves), and (c) financial statements, certificates and other information previously or hereafter furnished to each Purchaser, may be reproduced by such Purchaser by any photographic, photostatic, microfilm, microcard, miniature photographic or other similar process and such Purchaser may destroy any original document so reproduced. The Company Each Obligor agrees and stipulates that, to the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made by such Purchaser in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. This Section 19 shall not prohibit the Company any Obligor or any other holder of Notes from contesting any such reproduction to the same extent that it could contest the original, or from introducing evidence to demonstrate the inaccuracy of any such reproduction.

Appears in 1 contract

Samples: Purchase Agreement (Brady Corp)

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