Common use of Copies and Facsimiles Clause in Contracts

Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter furnished the Lender may be reproduced by the Lender by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 20 contracts

Samples: Loan and Security Agreement (Aeropostale Inc), Loan and Security Agreement (Aeropostale Inc), Loan and Security Agreement (Iparty Corp)

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Copies and Facsimiles. This Agreement and all other documents which relate thereto(including, without limitation, the Loan Documents) which have been or may be hereinafter furnished the by any Loan Party to any Agent or any Lender may be reproduced by the such Agent or such Lender by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 13 contracts

Samples: Term Loan Credit Agreement (Barnes & Noble Education, Inc.), Term Loan Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.)

Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter furnished the Agent or any Lender may be reproduced by that Person or by the Lender Agent by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender that Person may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 8 contracts

Samples: Loan and Security Agreement (Sunglass Hut International Inc), Loan and Security Agreement (Factory Card Outlet Corp), Loan and Security Agreement (Designs Inc)

Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter furnished to the Lender Lenders may be reproduced by the Lender Lenders by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender Lenders may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 5 contracts

Samples: Loan Agreement (Dynamics Research Corp), Loan Agreement (Dynamics Research Corp), Loan Agreement (Dynamics Research Corp)

Copies and Facsimiles. This Agreement Each Loan Document and all documents and papers which relate thereto, relates thereto which have been or may be hereinafter furnished the Lender may be reproduced by the Lender by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 5 contracts

Samples: Loan and Security Agreement (Dreams Inc), Agreement (Gadzooks Inc), Loan Agreement (Lojack Corp)

Copies and Facsimiles. This Agreement and all documents which relate --------------------- thereto, which have been or may be hereinafter furnished the Lender may be reproduced by the Lender by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 4 contracts

Samples: Loan and Security Agreement (Sunbelt Nursery Group Inc), Loan and Security Agreement (Sunbelt Nursery Group Inc), Loan and Security Agreement (National Home Centers Inc)

Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter furnished any of the Lender Credit Parties may be reproduced by the Lender such Credit Party by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender Credit Parties may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 2 contracts

Samples: Loan and Security Agreement (Aeropostale Inc), Loan and Security Agreement

Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter furnished the any Agent, or any Lender may be reproduced by that Person or by the Lender Administrative Agent by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender that Person may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 2 contracts

Samples: Loan and Security Agreement (Baker J Inc), Loan and Security Agreement (Homeplace of America Inc)

Copies and Facsimiles. This Agreement and all other documents which relate thereto(including, without limitation, the Loan Documents) which have been or may be hereinafter furnished the by any Loan Party to any Agent or any Lender may be reproduced by the such Agent or such Lender by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.. 141

Appears in 2 contracts

Samples: Credit Agreement (Barnes & Noble Inc), Credit Agreement (Barnes & Noble Education, Inc.)

Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter furnished the Agent or any Lender may be reproduced by that Person or by the Lender Agent by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender that Person may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such /October 28, 1997/ 58 transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 1 contract

Samples: Loan and Security Agreement (CSS Trade Names Inc)

Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter furnished the Agent or any Lender may be reproduced by such Lender or by the Lender Agent by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender may destroy any document so reproducedreproduced may be destroyed. 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 in the 190 regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 1 contract

Samples: Loan and Security Agreement (Lechters Inc)

Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter furnished the each Agent or any Lender may be reproduced by the Lender that Person or by each Agent by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender that Person may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 1 contract

Samples: Loan and Security Agreement (Baker J Inc)

Copies and Facsimiles. This Agreement and all documents which --------------------- relate thereto, which have been or may be hereinafter furnished the Lender may be reproduced by the Lender by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received. 14.9.

Appears in 1 contract

Samples: Modification Agreement (Video City Inc)

Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter furnished the Lender may be reproduced by that Person or by the Lender by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender that Person may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Sun Television & Appliances Inc)

Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter furnished the Lender may be reproduced by the Lender by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received. 14-9.

Appears in 1 contract

Samples: Loan and Security Agreement (Aeropostale Inc)

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Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter hereafter furnished the Lender to any party may be reproduced by the Lender such party by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender such Person making such reproduction may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 1 contract

Samples: Loan and Security Agreement (Duckwall Alco Stores Inc)

Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter furnished the to an Agent or any Lender may be reproduced by the that Lender or by that Agent by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender such Person making such reproduction may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.. 157 165

Appears in 1 contract

Samples: Loan and Security Agreement (Restoration Hardware Inc)

Copies and Facsimiles. This Agreement and all other documents which relate thereto(including, without limitation, the Loan Documents) which have been or may be hereinafter furnished the by any Loan Party to any Agent or any Lender may be reproduced by the such Agent or such Lender by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.. 148

Appears in 1 contract

Samples: Credit Agreement (Barnes & Noble Education, Inc.)

Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter furnished the Lender to any party hereof may be reproduced by the Lender such party by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender such party making such reproduction may destroy any document so reproduced. Any such reproduction (other than promissory notes) 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 1 contract

Samples: Loan and Security Agreement (Charlotte Russe Holding Inc)

Copies and Facsimiles. This Agreement and all other documents which relate thereto(including, without limitation, the Loan Documents) which have been or may be hereinafter furnished the by any Loan Party to any Agent or any Lender may be reproduced by the such Agent or such Lender by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.. 181

Appears in 1 contract

Samples: Security Agreement (Barnes & Noble Education, Inc.)

Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter furnished the Agent or any Lender may be reproduced by that Person or by the Lender Agent by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender that Person may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.party

Appears in 1 contract

Samples: Sports Authority Inc /De/

Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter furnished the Agent or any Lender may be reproduced by such Lender or by the Lender Agent by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender may destroy any document so reproducedreproduced may be destroyed. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 1 contract

Samples: Loan and Security Agreement (Lechters Inc)

Copies and Facsimiles. This Agreement and all documents which --------------------- relate thereto, which have been or may be hereinafter furnished the Lender may be reproduced by the Lender by any photographic, photostatic, microfilm, micro- card, miniature photographic, xerographic, digital imaging, or other similar process, and the Lender may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 1 contract

Samples: Loan and Security Agreement (Seachange International Inc)

Copies and Facsimiles. This Agreement and all documents which relate thereto, which have been or may be hereinafter furnished any of the Lender Loan Parties may be reproduced by the Lender such Loan Party by any photographic, microfilm, xerographic, digital imaging, or other process, and the Lender Loan Parties may destroy any document so reproduced. 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 in the regular course of business). Any facsimile which bears proof of transmission shall be binding on the party which or on whose behalf such transmission was initiated and likewise shall be so admissible in evidence as if the original of such facsimile had been delivered to the party which or on whose behalf such transmission was received.

Appears in 1 contract

Samples: Security and Guaranty Agreement (Aeropostale Inc)

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