Common use of Counterparts; Electronic Execution Clause in Contracts

Counterparts; Electronic Execution. (a) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement or any document or instrument delivered in connection herewith by facsimile transmission or electronic PDF shall be effective as delivery of a manually executed counterpart of this Agreement or such other document or instrument, as applicable. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower Representative and the Administrative Agent. (b) The words “execution,” “signed,” “signature,” and words of like import in any Assignment and Assumption shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 7 contracts

Samples: Incremental and Refinancing Amendment (Powerschool Holdings, Inc.), First Lien Credit Agreement (Powerschool Holdings, Inc.), Bridge Loan Credit Agreement (Powerschool Holdings, Inc.)

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Counterparts; Electronic Execution. (a) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement or any document or instrument delivered in connection herewith by facsimile transmission or electronic PDF shall be effective as delivery of a manually executed counterpart of this Agreement or such other document or instrument, as applicable. A set of the copies of this Agreement signed by all the parties shall be lodged with the Company Borrower Representative and the Administrative Agent. (b) . The words “execution,” “signed,” “signature,” and words of like import in any Assignment and Assumption shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 6 contracts

Samples: Amendment No. 4 (JELD-WEN Holding, Inc.), Amendment No. 5 (JELD-WEN Holding, Inc.), Amendment No. 3 (JELD-WEN Holding, Inc.)

Counterparts; Electronic Execution. (a) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement or any document or instrument delivered in connection herewith by facsimile transmission or electronic PDF shall be effective as delivery of a manually executed counterpart of this Agreement or such other document or instrument, as applicable. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower Representative Borrowers and the Administrative Agent. (b) The words “execution,” “signed,” “signature,” and words of like import in any Assignment and Assumption shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 5 contracts

Samples: Credit Agreement (Navios South American Logistics Inc.), Credit Agreement (Navios Maritime Partners L.P.), Credit Agreement (Navios Maritime Midstream Partners LP)

Counterparts; Electronic Execution. (a) This Agreement Amendment may be executed in counterparts (and by one or more different parties hereto in different counterparts), each of the parties to this Agreement on any number of separate counterpartswhich shall constitute an original, and but all of said counterparts which when taken together shall be deemed to constitute one and the same instrumenta single contract. Delivery of an executed counterpart of a signature page of this Agreement Amendment by telecopy or any document or instrument delivered in connection herewith by facsimile transmission or other electronic PDF imaging means shall be effective as delivery of a manually executed counterpart of this Agreement or such other document or instrument, as applicableAmendment. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower Representative and the Administrative Agent. (b) The words “execution,” “execute”, “signed,” “signature,” and words of like import in or related to any Assignment document to be signed in connection with this Amendment and Assumption the transactions contemplated hereby shall be deemed to include electronic signatures signatures, the electronic matching of assignment terms and contract formations on electronic platforms approved by the Administrative Agent, or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 4 contracts

Samples: Credit Agreement (Clearway Energy, Inc.), Credit Agreement (Clearway Energy, Inc.), Credit Agreement (Clearway Energy LLC)

Counterparts; Electronic Execution. (a) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement or any document or instrument delivered in connection herewith by facsimile transmission or electronic PDF shall be effective as delivery of a manually executed counterpart of this Agreement or such other document or instrument, as applicable. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower Representative and the Administrative Agent. (b) The words “execution,” “signed,” “signature,” and words of like import in any Assignment and Assumption shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 2 contracts

Samples: Credit Agreement (Expo Event Holdco, Inc.), Credit Agreement (Spirit Finance Corp)

Counterparts; Electronic Execution. (a) This Agreement Amendment may be executed by one or more of the parties to this Agreement on hereto in any number of separate counterparts, each of which shall be deemed an original and all of said counterparts which, taken together together, shall be deemed to constitute one and the same instrument. Delivery of an executed signature page counterpart of this Agreement or any document or instrument delivered in connection herewith Amendment by facsimile transmission or by electronic PDF mail in pdf form shall be as effective as delivery of a manually executed counterpart hereof. Additionally, electronic signatures, the electronic matching of this Agreement or such other document or instrument, as applicable. A set of the copies of this Agreement signed assignment terms and contract formations on electronic platforms approved by all the parties shall be lodged with the Borrower Representative and the Administrative Agent. (b) The words “execution,” “signed,” “signature,” and words of like import in any Assignment and Assumption shall be deemed to include electronic signatures , or the keeping of records in electronic form, each of which shall be of deemed to have the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may besignature, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that notwithstanding anything contained herein to the contrary the Administrative Agent is under no obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the Administrative Agent pursuant to procedures approved by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Tuesday Morning Corp/De), Credit Agreement (Tuesday Morning Corp/De)

Counterparts; Electronic Execution. (a) This Agreement Amendment may be executed by one or more of the parties to this Agreement on in any number of counterparts and by the different parties hereto in separate counterparts, each of which when so executed and all of said counterparts taken together delivered shall be deemed to an original, but all such counterparts together shall constitute one and the same instrument; signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same document. Delivery Electronic delivery of an executed counterpart of a signature page of this Agreement or any document or instrument delivered in connection herewith by facsimile transmission or electronic PDF Amendment shall be effective as delivery of a manually an original executed counterpart of this Agreement or such other document or instrument, as applicableAmendment. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower Representative and the Administrative Agent. (b) The words “execution,” “signed,” “signature,” “delivery” and words of like import in any Assignment and Assumption this Amendment shall be deemed to include electronic signatures or the keeping of records in electronic formrecords, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-paper- based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Uniform Electronic Signatures and Records Act, or Act and any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 1 contract

Samples: Financing Agreement (Kansas City Southern)

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Counterparts; Electronic Execution. (ai) This Agreement A&R Amendment may be executed by one or more of the parties to this Agreement A&R Amendment on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement A&R Amendment or any document or instrument delivered in connection herewith by facsimile transmission or electronic PDF image scan transmission (e.g., PDF) shall be effective as delivery of a manually executed counterpart of this Agreement A&R Amendment or such other document or instrument, as applicable. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower Representative and the Administrative Agent. (bii) The words “execution,” “signed,” “signature,” and words of like import in any Assignment and Assumption shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-paper based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Lument Finance Trust, Inc.)

Counterparts; Electronic Execution. (a) This Agreement First Amendment may be executed by one or more of the parties to this Agreement on hereto in any number of separate counterparts, and all of said such counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement or any document or instrument delivered in connection herewith First Amendment by facsimile transmission fax or electronic PDF (e.g. pdf) transmission shall be effective as delivery of a manually executed original counterpart of this Agreement or such other document or instrument, as applicable. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower Representative and the Administrative Agenthereof. (b) The words “execute,” “execution,” “signed,” “signature,” “delivery” and words of like import in any Assignment and Assumption or related to this First Amendment or the transactions contemplated hereby shall be deemed to include Electronic Signatures or execution in the form of an Electronic Record, and contract formations on electronic signatures platforms approved by the Administrative Agent, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable lawApplicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 1 contract

Samples: Credit Agreement (Vitesse Energy, Inc.)

Counterparts; Electronic Execution. (a) This Agreement Second Amendment may be executed by one or more of the parties to this Agreement on hereto in any number of separate counterparts, and all of said such counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement or any document or instrument delivered in connection herewith Second Amendment by facsimile transmission fax or electronic PDF (e.g. pdf) transmission shall be effective as delivery of a manually executed original counterpart of this Agreement or such other document or instrument, as applicable. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower Representative and the Administrative Agenthereof. (b) The words “execute,” “execution,” “signed,” “signature,” “delivery” and words of like import in any Assignment and Assumption or related to this Second Amendment or the transactions contemplated hereby shall be deemed to include Electronic Signatures or execution in the form of an Electronic Record, and contract formations on electronic signatures platforms approved by the Administrative Agent, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable lawApplicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 1 contract

Samples: Credit Agreement (Vitesse Energy, Inc.)

Counterparts; Electronic Execution. This Amendment may be executed by the parties hereto in several counterparts, each of which shall be deemed to be an original and all of which shall constitute together but one and the same agreement. (a) This Agreement Amendment may be executed by one or more of the parties to this Agreement on any number of separate hereto in several counterparts, and all each of said counterparts taken together which shall be deemed to be an original and all of which shall constitute together but one and the same instrumentagreement. Delivery of an executed counterpart of a signature page of to this Agreement Amendment by telecopy or any document or instrument delivered in connection herewith by facsimile transmission or electronic PDF electronically (e.g. pdf) shall be effective as delivery of a manually executed counterpart of this Agreement or such other document or instrument, as applicable. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower Representative and the Administrative AgentAmendment. (b) The words “execution,” “signed,” “signature,” and words of like import in any Assignment and Assumption shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, effect validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (AG Twin Brook Capital Income Fund)

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