Counterparts; Electronic Execution. This Amendment may be executed in any number of counterparts and by different parties and separate counterparts, each of which when so executed and delivered shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this Amendment by facsimile or other electronic transmission shall be as effective as delivery of a manually executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by facsimile or other electronic transmission also shall deliver a manually executed counterpart of this Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.
Appears in 23 contracts
Sources: Credit Agreement (Chinos Holdings, Inc.), Credit Agreement (Chinos Holdings, Inc.), Credit Agreement (Chinos Holdings, Inc.)
Counterparts; Electronic Execution. This Amendment may be executed in any number of counterparts and by different parties and on separate counterparts, each of which which, when so executed and delivered delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same instrumentAmendment. Delivery of an executed counterpart of a signature page to this Amendment electronically (including by facsimile or other electronic transmission e-mail delivery of a “.pdf” format data file) shall be equally as effective as delivery of a manually executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by facsimile or other electronic transmission electronically also shall deliver a manually executed counterpart of this Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.
Appears in 9 contracts
Sources: Business Financing Agreement (Orion Energy Systems, Inc.), Services Agreement (Gci Liberty, Inc.), Services Agreement (Liberty Media Corp)
Counterparts; Electronic Execution. This Amendment may be executed in any number of counterparts (and by different parties and separate hereto in different counterparts), each of which when so executed and delivered shall be deemed constitute an original, and but all of which, which when taken together, together shall constitute one and the same instrumenta single contract. Delivery of an executed counterpart of a signature page to this Amendment by facsimile or other electronic transmission shall be as effective as delivery of a manually executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by facsimile or other electronic transmission also shall deliver a manually executed counterpart of this Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.
Appears in 5 contracts
Sources: Credit Agreement (B. Riley Financial, Inc.), Fourth Amendment to Third Amended and Restated Credit Agreement (B. Riley Financial, Inc.), Third Amendment to Third Amended and Restated Credit Agreement (B. Riley Financial, Inc.)
Counterparts; Electronic Execution. This Amendment may be executed in any number of counterparts and by different parties and on separate counterparts, each of which which, when so executed and delivered delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same instrumentAmendment. Delivery of an executed counterpart of a signature page to this Amendment by facsimile or other electronic transmission electronically shall be equally as effective as delivery of a manually executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by facsimile or other electronic transmission electronically also shall deliver a manually executed counterpart of this Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.
Appears in 5 contracts
Sources: Credit Agreement (Winc, Inc.), Business Financing Agreement (Digital Turbine, Inc.), Business Financing Agreement (Digital Turbine, Inc.)