Counterparts; Effectiveness; Benefit Clause Samples

Counterparts; Effectiveness; Benefit. This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. This Agreement shall become effective when each party hereto shall have received counterparts hereof signed by all of the other parties hereto. Except as expressly provided in Sections 6.07 and 6.08, no provision of this Agreement is intended to confer any rights, benefits, remedies, obligations or liabilities hereunder upon any Person other than the parties hereto and their respective successors and assigns. Execution of this Agreement may be made by facsimile signature which, for all purposes, shall be deemed to be an original signature.

Counterparts; Effectiveness; Benefit. This Agreement may be executed and delivered (including by facsimile transmission) by the parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. No provision of this Agreement is intended to confer any rights, benefits, remedies, obligations, or liabilities hereunder upon any person other than the parties hereto and their respective successors and assigns.

Counterparts; Effectiveness; Benefit. This Stock Option Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. This Stock Option Agreement shall become effective when each party hereto shall have received counterparts hereof signed by all of the other parties hereto. No provision of this Stock Option Agreement is intended to confer any rights, benefits, remedies, obligations or liabilities hereunder upon any person other than the parties hereto and their respective successors and assigns.

Counterparts; Effectiveness; Benefit. This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. This Agreement shall become effective when each party hereto shall have received counterparts hereof signed by all of the other parties hereto. Except as specifically provided, following the Effective Time, in Sections 6.06 (which is intended to be for the benefit of the Persons provided for therein and may be enforced by such Persons), no provision of this Agreement is intended to confer any rights, benefits, remedies, obligations or liabilities hereunder upon any Person other than the parties hereto and their respective permitted successors and assigns. Without limiting the foregoing, it is expressly understood and agreed that the provisions of Section 6.07 are statements of intent and no employee or other Person (including any party hereto) shall have any right or remedies, including rights of enforcement, with respect thereto and no employee or other Person is or is intended to be a third party beneficiary thereof. Execution of this Agreement may be made by facsimile signature which, for all purposes, shall be deemed to be an original signature.

Counterparts; Effectiveness; Benefit. 55 SECTION 12.10. Entire Agreement...............................................................55 SECTION 12.11. Captions.......................................................................55 SECTION 12.12. Severability...................................................................55 SECTION 12.13. Specific Performance...........................................................55 AGREEMENT AND PLAN OF MERGER AGREEMENT AND PLAN OF MERGER dated as of November 12, 2000, among AMERICAN FREIGHTWAYS CORPORATION, an Arkansas corporation (the "Company"), FEDEX CORPORATION, a Delaware corporation ("Parent"), and FDX, INC., a Delaware corporation and a wholly-owned subsidiary of Parent ("Merger Subsidiary").

Counterparts; Effectiveness; Benefit. 48 SECTION 12.10. Entire Agreement..............................................48 SECTION 12.11. Captions ...................................................48 SECTION 12.12. Severability..................................................48 SECTION 12.13. Specific Performance..........................................48 AGREEMENT AND PLAN OF MERGER AGREEMENT AND PLAN OF MERGER dated as of November 15, 1999 among Catherines Stores Corporation, a Tennessee corporation (the "Company"), Charming Shoppes, Inc., a Pennsylvania corporation ("Parent"), and Rose Merger Sub, Inc., a Tennessee corporation and a wholly owned subsidiary of Parent ("Merger Subsidiary"). The parties hereto agree as follows:

Counterparts; Effectiveness; Benefit. 45 SECTION 11.10. Entire Agreement.............................................46 SECTION 11.11. Captions.....................................................46 SECTION 11.12. Severability.................................................46 SECTION 11.13. Specific Performance.........................................46 SECTION 11.14. Definitions..................................................46 AGREEMENT AND PLAN OF MERGER AGREEMENT AND PLAN OF MERGER dated as of October 17, 1999 among Comair Holdings, Inc., a Kentucky corporation (the "Company"), Delta Air Lines, Inc., a Delaware corporation ("Buyer"), and Kentucky Sub, Inc., a Kentucky corporation and an indirect wholly-owned subsidiary of Buyer ("Merger Subsidiary").

Counterparts; Effectiveness; Benefit. This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. This Agreement shall become effective when each party hereto shall have received a counterpart hereof signed by all of the other parties hereto. Until and unless each party has received a counterpart hereof signed by the other party hereto, this Agreement shall have no effect and no party shall have any right or obligation hereunder (whether by virtue of any other oral or written agreement or other communication). No provision of this Agreement is intended to confer any rights, benefits, remedies, obligations, or liabilities hereunder upon any Person other than the parties hereto and their respective successors and assigns.

Counterparts; Effectiveness; Benefit. 43 SECTION 12.08. Entire Agreement....................................................43 SECTION 12.09. Captions............................................................43 SECTION 12.10. Severability........................................................43 SECTION 12.11. Specific Performance................................................43 SECTION 12.12. Interpretation......................................................43 AGREEMENT AND PLAN OF MERGER AGREEMENT AND PLAN OF MERGER, dated as of July 31, 1999 (the "Agreement"), by and among Inamed Corporation, a Delaware corporation ("Parent"), Inamed Acquisition Corp., a Delaware corporation and a wholly-owned subsidiary of Parent ("Purchaser") and Collagen Aesthetics, Inc., a Delaware corporation (the "Company"). Certain capitalized terms used in this Agreement have the meanings ascribed to them in Article I hereof.