Common use of Counterparts; Electronic Execution Clause in Contracts

Counterparts; Electronic Execution. This Amendment and each other Loan Document may be executed in one or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment and each other Loan Document shall be effective as delivery of an original executed counterpart of this Amendment and such other Loan Document. The words “execution,” “execute”, “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Amendment or any other Loan Document 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, without limitation, as in provided Parts 2 and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic Commerce Act, 2000 (Ontario), the Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta), or any other similar laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of Canada. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmission.

Appears in 3 contracts

Samples: Credit Agreement (Evolve Transition Infrastructure LP), Credit Agreement (Evolve Transition Infrastructure LP), Credit Agreement (Sanchez Midstream Partners LP)

AutoNDA by SimpleDocs

Counterparts; Electronic Execution. This Amendment and each other Loan Document may be executed in one or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment and each counterpart hereof by telecopy, emailed .pdf or any other Loan Document electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of an original a manually executed counterpart of this Amendment and such other Loan Documenthereof. The words “execution,” “execute”, “signed,” “signature,” “delivery,” and words of like import in or related relating to any document to be signed in connection with this Amendment or any other Loan Document and the transactions contemplated hereby shall be deemed to include electronic signatures, the electronic association of signatures and records on electronic platforms, 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 signature, physical delivery thereof 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, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario)the New York State Electronic Signatures and Records Act, the Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta), or any other similar state laws based on the Uniform Electronic Commerce Act of Transactions Act, the Uniform Law Conference of Canada. The Administrative Commercial Code, each as amended, and the parties hereto hereby waive any objection to the contrary, provided that (x) nothing herein shall require Agent mayto accept electronic signature counterparts in any form or format and (y) Agent reserves the right to require, in at any time and at its sole discretion, require that any the delivery of manually executed counterpart signature pages to this Amendment and the parties hereto agree to promptly deliver such documents and signatures manually executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or counterpart signature executed electronically or delivered by fax or other electronic transmissionpages.

Appears in 3 contracts

Samples: Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.)

Counterparts; Electronic Execution. This Amendment and each other Loan Document Waiver may be executed in one or more counterparts (any number of counterparts, and by different parties hereto in different separate counterparts), each of which when so delivered shall be deemed an original, but all of which together counterparts shall constitute but one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to of this Amendment and each Waiver by facsimile, portable document format (.pdf) or other Loan Document shall electronic transmission will be as effective as delivery of an original a manually executed counterpart of this Amendment and such other Loan Documenthereof. The words “execution,” “execute”, “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Amendment or any other Loan Document Waiver and the transactions contemplated hereby (including without limitation assignments, assumptions, amendments, waivers and consents) shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formations on electronic platforms approved by 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 paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario), the New York State Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta)Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Commerce Transactions Act and/or any other similar, applicable laws of the Uniform Law Conference jurisdiction of Canada. The Administrative Agent mayformation, in its discretionorganization or incorporation, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness as applicable, of any document or signature executed electronically or delivered by fax or other electronic transmissionLoan Party.

Appears in 2 contracts

Samples: Loan Agreement and Guaranty (ADC Therapeutics SA), Loan Agreement and Guaranty (ADC Therapeutics SA)

Counterparts; Electronic Execution. This Amendment Agreement and each other Loan Document may be executed in one or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment Agreement and each other Loan Document shall be effective as delivery of an original executed counterpart of this Amendment Agreement and such other Loan Document. The words “execution,” “execute”, “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Amendment Agreement or any other Loan Document 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, without limitation, as in provided Parts 2 and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic Commerce Act, 2000 (Ontario), the Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta), or any other similar laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of Canada. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmission. Clean-Up Amendment to the Definition of Borrowing Base Shortfall (v) the words “the Canadian Dollar Exchange Equivalent of the aggregate of the amount of principal outstanding from time to time under of the Existing Notes” in clause (ii) of the definition of “Borrowing Base Shortfall” in Schedule A of the Credit Agreement is hereby deleted and [REDACTED] is substituted therefor.

Appears in 2 contracts

Samples: Credit Agreement (Obsidian Energy Ltd.), Credit Agreement (Obsidian Energy Ltd.)

Counterparts; Electronic Execution. This Amendment Agreement and each other Loan Document may be executed in one or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment Agreement and each other Loan Document shall be effective as delivery of an original executed counterpart of this Amendment Agreement and such other Loan Document. The Document and the words “execution,” “execute”, “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Amendment Agreement or any other Loan Document shall be deemed to include electronic 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, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario), the New York State Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta)Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of CanadaTransactions Act. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmission.

Appears in 2 contracts

Samples: Credit Agreement (Tremor International Ltd.), Credit Agreement (Martin Midstream Partners L.P.)

Counterparts; Electronic Execution. This Amendment Agreement and each other Loan Credit Document may be executed in one or more counterparts (and by different parties hereto in different counterparts), each of which shall will be deemed an original, but all of which together shall will constitute one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment Agreement and each other Loan Credit Document shall will be effective as delivery of an original executed counterpart of this Amendment Agreement and such other Loan Credit Document. The words “execution,” ”, “execute”, “signed,” ”, “signature,” ”, and words of like import in or related to any document to be signed in connection with this Amendment Agreement or any other Loan Credit Document shall will be deemed to include electronic signatures, or the keeping of records in electronic form, each of which shall will 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, without limitation, as in provided Parts 2 and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic Commerce Act, 2000 (Ontario), the Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta), An Act to establish a Legal Framework for Information Technology (Québec) or any other similar laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of Canada. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall will not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmission.

Appears in 1 contract

Samples: Credit Agreement (Sierra Wireless Inc)

Counterparts; Electronic Execution. This Amendment and each other Loan Document Agreement may be executed in one two or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed constitute an original, original but all of which when taken together shall constitute but one contract, and the same instrumentshall become effective as provided in Section 10.13. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment and each Agreement by facsimile or other Loan Document electronic transmission shall be effective as delivery of an original executed counterpart of this Amendment and such other Loan Documentshall be deemed a representation that the original executed counterpart will be delivered. The words “execution,” “execute”, executed,” “signed,” “signature,” “delivery,” and words of like import in or related relating to any document to be signed in connection with this Amendment or any Agreement, the other Loan Document Documents (including any Assignment and Assumption) and the transactions contemplated hereby shall be deemed to include electronic signatures, 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 signature, physical delivery thereof 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, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario), the New York State Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta)Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Commerce Act Transactions Act; provided, that nothing herein shall require the Administrative Agent to accept electronic signatures in any form or format without its prior written consent; provided, further, that, without limiting the foregoing, upon the request of the Uniform Law Conference of Canada. The Administrative Agent mayAgent, in its discretion, require that any electronic signature shall be promptly followed by such documents and signatures manually executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmissioncounterpart.

Appears in 1 contract

Samples: Credit Agreement (Avista Corp)

Counterparts; Electronic Execution. This Amendment and each other Loan Document Agreement may be executed in by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts (and by different parties hereto in different counterparts), each of which taken together shall be deemed an original, but all of which together shall to constitute one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to of this Amendment and each other Loan Document Agreement by e-mail or facsimile transmission shall be effective as delivery of an original a manually executed counterpart of this Amendment and such other Loan Documenthereof. The words “execution,” “execute”, “signed,” “signature,” “delivery,” and words of like import in or related relating to this Agreement, any other Loan Document and/or any document to be signed in connection with this Amendment herewith or any other Loan Document therewith and the transactions contemplated hereby shall be deemed to include electronic 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 paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable lawRequirement of Law, including, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario), the New York State Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta)Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Commerce Act Transactions Act, deliveries or the keeping of records in electronic form, each of which shall be of the Uniform Law Conference same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of Canadaa paper-based recordkeeping system, as the case may be. The A set of the copies of this Agreement signed by all the parties shall be lodged with the Parent Borrower and the Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmission.Agent. 153

Appears in 1 contract

Samples: Credit Agreement (Ultra Clean Holdings, Inc.)

Counterparts; Electronic Execution. This Amendment Agreement and each other Loan Document may be executed in one or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment Agreement and each other Loan Document shall be effective as delivery of an original executed counterpart of this Amendment Agreement and such other Loan Document. The Document and the words “execution,” “execute”, “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Amendment Agreement or any other Loan Document shall be deemed to include electronic 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, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario), the New York State Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta)Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of CanadaTransactions Act. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that provided, that, the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmission.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Martin Midstream Partners L.P.)

Counterparts; Electronic Execution. This Amendment Agreement and each other Loan Document may be executed in one or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment Agreement and each other Loan Document shall be effective as delivery of an original executed counterpart of this Amendment Agreement and such other Loan Document. The words “execution,” “execute”, “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Amendment Agreement or any other Loan Document 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, without limitation, as in provided Parts 2 and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic Commerce Act, 2000 (Ontario), the Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta), or any other similar laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of Canada. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmission.

Appears in 1 contract

Samples: Credit Agreement (Hammerhead Energy Inc.)

Counterparts; Electronic Execution. (a) This Amendment and each other Loan Document Agreement may be executed in one or more counterparts (and by different parties hereto in different any number of counterparts), each of which shall be deemed an original, but all of which taken together shall constitute one agreement, and any of the same instrumentparties hereto may execute this Agreement by signing any such counterpart. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to of this Amendment and each Agreement by facsimile or other Loan Document electronic method of transmission shall be effective as delivery of an a manually executed original executed counterpart of this Amendment and such other Loan Document. Agreement. (b) The words “delivery,” “execute,” “execution,” “execute”, “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Amendment Loan Document or any other Loan Document document executed in connection herewith shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formations on electronic platforms approved by the 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 signature, physical delivery thereof 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 lawApplicable Law, including, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario), the New York State Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta)Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of Canada. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereofTransactions Act; provided that notwithstanding anything contained herein to the failure contrary the Agent is under no obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the Agent pursuant to procedures approved by it; provided further without limiting the foregoing, upon the request or deliver of the same Agent, any electronic signature shall not limit the effectiveness of any document or signature be promptly followed by such manually executed electronically or delivered by fax or other electronic transmissioncounterpart.

Appears in 1 contract

Samples: Term Loan Agreement (Enable Midstream Partners, LP)

Counterparts; Electronic Execution. This Amendment and each other Loan Document may be executed in one or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment and each other Loan Document shall be effective as delivery of an original executed counterpart of this Amendment and such other Loan Document. The words “execution,” “execute”, “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Amendment or any other Loan Document 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, without limitation, as in provided Parts 2 and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic Commerce Act, 2000 (Ontario), the Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta), or any other similar laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of Canada. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmission.. ​

Appears in 1 contract

Samples: Credit Agreement (Evolve Transition Infrastructure LP)

Counterparts; Electronic Execution. This Amendment and each other Loan Document Agreement may be executed in one two or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed constitute an original, original 100706654_4 but all of which when taken together shall constitute but one contract, and the same instrumentshall become effective as provided in Section 10.03. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment and each Agreement by facsimile or other Loan Document electronic transmission shall be effective as delivery of an original executed counterpart of this Amendment and such other Loan Documentshall be deemed a representation that the original executed counterpart will be delivered. The words “execution,” “execute”, executed,” “signed,” “signature,” “delivery,” and words of like import in or related relating to any document to be signed in connection with this Amendment or any Agreement, the other Loan Document Documents (including any Assignment and Assumption) and the transactions contemplated hereby shall be deemed to include electronic signatures, 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 signature, physical delivery thereof 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, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario), the New York State Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta)Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Commerce Act Transactions Act; provided, that nothing herein shall require the Administrative Agent to accept electronic signatures in any form or format without its prior written consent; provided, further, that, without limiting the foregoing, upon the request of the Uniform Law Conference Administrative Agent, any electronic signature shall be promptly followed by such manually executed counterpart.” (j) Section 10.20 of Canada. The Administrative Agent may, the Credit Agreement is amended in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure full to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmission.read as follows:

Appears in 1 contract

Samples: Credit Agreement (Avista Corp)

Counterparts; Electronic Execution. This Amendment and each other Loan Document Agreement may be executed in one two or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed constitute an original, original but all of which when taken together shall constitute but one contract, and the same instrumentshall become effective as provided in Section 10.03. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment and each Agreement by facsimile or other Loan Document electronic transmission shall be effective as delivery of an original executed counterpart of this Amendment and such other Loan Documentshall be deemed a representation that the original executed counterpart will be delivered. The words “execution,” “execute”, executed,” “signed,” “signature,” “delivery,” and words of like import in or related relating to any document to be signed in connection with this Amendment or any Agreement, the other Loan Document Documents (including any Assignment and Assumption) and the transactions contemplated hereby shall be deemed to include electronic signatures, 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 signature, physical delivery thereof 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 lawLaw, including, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario), the New York State Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta)Signatures and Records Act, or any other similar laws state Laws based on the Uniform Electronic Commerce Act Transactions Act; provided, that nothing herein shall require the Administrative Agent to accept electronic signatures in any form or format without its prior written consent; provided, further, that, without limiting the foregoing, upon the request of the Uniform Law Conference of Canada. The Administrative Agent mayAgent, in its discretion, require that any electronic signature shall be promptly followed by such documents and signatures manually executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmissioncounterpart.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Avista Corp)

Counterparts; Electronic Execution. This Amendment The Indenture and each other Loan Document this Series Supplement may be executed in one or more counterparts (and by different parties hereto in different any number of counterparts), each of which so executed shall be deemed to be an original, but all of which such respective counterparts shall together shall constitute but one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment and each other Loan Series Supplement in Portable Document Format (PDF), DocuSign or by facsimile shall be effective as delivery of an original a manually executed counterpart of this Amendment and such other Loan DocumentSeries Supplement. The words “executiondelivery,” “execute”, ,” “execution,” “signed,” “signature,” and words of like import in or related to any document to be signed executed in connection with this Amendment or any other Loan Document herewith shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formations on electronic platforms, 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 signature, physical delivery thereof 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, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario), the New York State Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta)Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Commerce Act Transactions Act; provided, that, notwithstanding anything contained herein to the contrary, the parties hereto are under no obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the parties hereto pursuant to procedures approved by the parties hereto; provided, further, that, without limiting the foregoing, upon the request of the Uniform Law Conference of Canada. The Administrative Agent mayeither party hereto, in its discretion, require that any electronic signature shall be promptly followed by such documents and signatures manually executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmissioncounterpart.

Appears in 1 contract

Samples: Secured Data Center Revenue Notes, Series 2021 1 (Landmark Infrastructure Partners LP)

Counterparts; Electronic Execution. This Amendment Agreement and each other Loan Document may be executed in one or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment Agreement and each other Loan Document shall be effective as delivery of an original executed counterpart of this Amendment Agreement and such other Loan Document. The words "execution,” “" "execute", "signed,” “" "signature," and words of like import in or related to any document to be signed in connection with this Amendment Agreement or any other Loan Document 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, without limitation, as in provided Parts 2 and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic Commerce Act, 2000 (Ontario), the Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta), or any other similar laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of Canada. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmission.

Appears in 1 contract

Samples: Credit Facilities (Hammerhead Energy Inc.)

Counterparts; Electronic Execution. (a) This Amendment and each other Loan Document Agreement may be executed in one or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed constitute an original, but all of which when taken together shall constitute one a single contract. This Agreement and the same instrumentother Credit Documents with respect to fees payable to the Administrative Agent constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to of this Amendment and each other Loan Document Agreement by telecopy or by sending a scanned copy by electronic mail shall be effective as delivery of an original a manually executed counterpart of this Amendment and such other Loan Document. Agreement. (b) The words “execution,” “execute”, “signed,” “signature,” and words of like import in or related to any document to be signed assignment and assumption agreement in connection with this Amendment or any other Loan Document the form of Schedule 7 shall be deemed to include electronic signatures, 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 lawLaw, includingincluding the Electronic Transactions Act (Alberta), without limitation, as in provided Parts 2 and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic Commerce Act, 2000 (Ontario), the Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta), or any ) and other similar federal or provincial laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of Canada. The Administrative Agent mayCanada or its Uniform Electronic Evidence Act, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that as the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmissioncase may be.

Appears in 1 contract

Samples: Credit Agreement (Canadian Pacific Railway LTD/Cn)

AutoNDA by SimpleDocs

Counterparts; Electronic Execution. This Amendment and each other Loan Document Agreement may be executed in one any number of counterparts, including by PDF or more counterparts (other scanned copy by electronic mail, and by different parties hereto in different separate counterparts), each of which when so executed shall be deemed to be an original, but original and all of which taken together shall be deemed to constitute one and the same instrument, and it shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to of this Amendment and each other Loan Document Agreement by PDF or by otherwise sending a scanned copy by electronic mail shall be effective as delivery of an original manually executed counterpart of this Amendment and such other Loan DocumentAgreement. The words “execution,” “execute,” “executed”, “signed,” “signature,” and words of like import in this Agreement, or in or related to any document to be signed in connection with this Amendment or any other Loan Document Agreement and the transactions contemplated hereby, shall be deemed to include electronic 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 paper-based recordkeeping record keeping system, as the case may be, to the extent and as provided for in any applicable law, including, without limitation, as in provided (a) Parts 2 and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic Commerce Act, 2000 (Ontario), the Electronic Transaction Transactions Acts (British Columbia), the Electronic Transactions Act (Alberta), or any other similar laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of CanadaCanada or (b) any other Applicable Law. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmission.

Appears in 1 contract

Samples: Credit Agreement

Counterparts; Electronic Execution. This Amendment and each other Loan Document any amendments, waivers, consents or supplements hereto may be executed in one or more counterparts (any number of counterparts, and by different parties hereto in different separate counterparts), each of which when so delivered shall be deemed an original, but all of which together counterparts shall constitute but one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to of this Amendment and each by facsimile, portable document format (.pdf) or other Loan Document shall electronic transmission will be as effective as delivery of an original a manually executed counterpart of this Amendment and such other Loan Documenthereof. The words “execution,” “execute”, “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Amendment or any other Loan Document and the transactions contemplated hereby (including without limitation assignments, assumptions, amendments, waivers and consents) shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formations on electronic platforms approved by 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 paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario), the New York State Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta)Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Commerce Transactions Act and/or any other similar, applicable laws of the Uniform Law Conference jurisdiction of Canada. The Administrative Agent mayformation, in its discretionorganization or incorporation, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness as applicable, of any document or signature executed electronically or delivered by fax or other electronic transmissionLoan Party.

Appears in 1 contract

Samples: Loan Agreement and Guaranty (ADC Therapeutics SA)

Counterparts; Electronic Execution. This Amendment Agreement and each other Loan Document may be executed in one or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment Agreement and each other Loan Document shall be effective as delivery of an original executed counterpart of this Amendment Agreement and such other Loan Document. The words “execution,” “execute”, “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Amendment Agreement or any other Loan Document 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, without limitation, as in provided Parts 2 and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic Commerce Act, 2000 (Ontario), the Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta), or any other similar laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of Canada. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmission.. LEGAL_39694004.1 - 98 SIXTH AMENDED AND RESTATED CREDIT AGREEMENT

Appears in 1 contract

Samples: Credit Agreement (Tricon Residential Inc.)

Counterparts; Electronic Execution. This Amendment Agreement and each other Loan Document may be executed in one or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment Agreement and each other Loan Document shall be effective as delivery of an original executed counterpart of this Amendment Agreement and such other Loan Document. The Document and the words "execution,” “" "execute", "signed,” “" "signature," and words of like import in or related to any document to be signed in connection with this Amendment Agreement or any other Loan Document shall be deemed to include electronic 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, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario), the New York State Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta)Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of CanadaTransactions Act. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmission.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Fly Leasing LTD)

Counterparts; Electronic Execution. This Amendment Agreement and each other Loan Document may be executed in one or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by fax facsimile or other electronic transmission of an executed counterpart of a signature page to this Amendment Agreement and each other Loan Document shall be effective as delivery of an original executed counterpart of this Amendment Agreement and such other Loan Document. The words “execution,” “execute”, “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Amendment Agreement or any other Loan Document 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, without limitation, as in provided Parts 2 and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic Commerce Act, 2000 (Ontario), the Electronic Transaction Acts Transactions Act (British Columbia), the Electronic Transactions Act (Alberta), or any other similar laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of Canada. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax facsimile or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax facsimile or other electronic transmission.

Appears in 1 contract

Samples: Credit Agreement (Greenfire Resources Ltd.)

Counterparts; Electronic Execution. This Amendment and each other Loan Document Supplement may be executed in one or more counterparts (and by different each of the parties hereto in different on any number of separate counterparts), each of which shall be deemed an original, but original and all of which taken together shall constitute one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to of this Amendment and each Supplement by telecopy, e-mail, .pdf or any other Loan Document electronic means (e.g. “pdf”, Docusign or “tif”) shall be as effective as delivery of an a manually executed original executed counterpart of this Amendment and such other Loan DocumentSupplement. The words “executiondelivery,” “execute”, ,” “execution,” “signed,” “signature,” and words of like import in or related to any document to be signed executed in connection with this Amendment or any other Loan Document herewith shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formations on electronic platforms, 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 signature, physical delivery thereof 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, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario), the New York State Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta)Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Commerce Act Transactions Act; provided, that, notwithstanding anything contained herein to the contrary, the parties hereto are under no obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the parties hereto pursuant to procedures approved by the parties hereto; provided, further, that, without limiting the foregoing, upon the request of the Uniform Law Conference of Canada. The Administrative Agent mayeither party hereto, in its discretion, require that any electronic signature shall be promptly followed by such documents and signatures manually executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmissioncounterpart.

Appears in 1 contract

Samples: Supplemental Indenture (Cim Real Estate Finance Trust, Inc.)

Counterparts; Electronic Execution. This Amendment and each other Loan Document may be executed in one or more any number of counterparts (and by different parties hereto in different separate counterparts), each of which when so executed and delivered shall be deemed an original, original but all of which when taken together shall constitute but one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to of this Amendment and each other Loan Document by facsimile transmission or PDF electronic transmission shall be effective as delivery of an original a manually executed counterpart of this Amendment and such other Loan Documenthereof. The words “execution,” “execute”, “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Amendment or any other Loan Document and the transactions contemplated hereby shall be deemed to include electronic 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 paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario), the New York State Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta)Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of Canada. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereofTransactions Act; provided that notwithstanding anything contained herein to the failure contrary the Administrative Agent is under no obligation to request agree to accept electronic signatures in any form or deliver in any format unless expressly agreed to by the same shall not limit the effectiveness of any document or signature executed electronically or delivered Administrative Agent pursuant to procedures approved by fax or other electronic transmissionit.

Appears in 1 contract

Samples: Credit Agreement (Tetra Technologies Inc)

Counterparts; Electronic Execution. (a) This Amendment and each other Loan Document Agreement may be executed in one or more counterparts (and by different parties hereto in on different counterparts), each of which shall be deemed constitute an original, but all of which when taken together shall constitute one a single contract. This Agreement, the other Loan Documents and any separate letter agreements with respect to fees payable to the same instrumentAgent \constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 3.1, this Agreement shall become effective when it shall have been executed by the Agent and when the Agent shall have received counterparts hereof which, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (b) Delivery by fax or other electronic transmission of an executed counterpart of a signature page to of this Amendment and each Agreement by telecopy, emailed pdf. or any other Loan Document electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of an original a manually executed counterpart of this Amendment and such other Loan DocumentAgreement. The words “execution,” “execute”, “signed,” “signature,” “delivery,” and words of like import in or related relating to any document to be signed in connection with this Amendment Agreement and the transactions contemplated hereby or any other Loan Document thereby shall be deemed to include electronic signatures, 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 signature, physical delivery thereof 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, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents National Commerce Act (Canada), the Electronic Commerce Act, 2000 (Ontario), the Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta), or any other similar state laws based on the Uniform Electronic Commerce Act of the Uniform Law Conference of Canada. The Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereofTransactions Act; provided that nothing herein shall require the failure Lender to request accept electronic signatures in any form or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmissionformat without its prior written consent.

Appears in 1 contract

Samples: Loan and Security Agreement (iLearningEngines, Inc.)

Counterparts; Electronic Execution. This Amendment and each other Loan Document Agreement may be executed in by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts (and by different parties hereto in different counterparts), each of which taken together shall be deemed an original, but all of which together shall to constitute one and the same instrument. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to of this Amendment and each other Loan Document Agreement by e-mail or facsimile transmission shall be effective as delivery of an original a manually executed counterpart of this Amendment and such other Loan Documenthereof. The words “execution,” “execute”, “signed,” “signature,” “delivery,” and words of like import in or related relating to this Agreement, any other Loan Document and/or any document to be signed in connection with this Amendment herewith or any other Loan Document therewith and the transactions contemplated hereby shall be deemed to include electronic 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 paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable lawRequirement of Law, including, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario), the New York State Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta)Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Commerce Act Transactions Act, deliveries or the keeping of records in electronic form, each of which shall be of the Uniform Law Conference same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of Canadaa paper-based recordkeeping system, as the case may be. The A set of the copies of this Agreement signed by all the parties shall be lodged with the Parent Borrower and the Administrative Agent may, in its discretion, require that any such documents and signatures executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmissionAgent.

Appears in 1 contract

Samples: Credit Agreement (Ultra Clean Holdings, Inc.)

Counterparts; Electronic Execution. This Amendment and each other Loan Document Agreement may be executed in one two or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed constitute an original, original but all of which when taken together shall constitute but one contract, and the same instrumentshall become effective as provided in Section 10.03. Delivery by fax or other electronic transmission of an executed counterpart of a signature page to this Amendment and each Agreement by facsimile or other Loan Document electronic transmission shall be effective as delivery of an original executed counterpart of this Amendment and such other Loan Documentshall be deemed a representation that the original executed counterpart will be delivered. The words “execution,” “execute”, executed,” “signed,” “signature,” “delivery,” and words of like import in or related relating to any document to be signed in connection with this Amendment or any Agreement, the other Loan Document Documents (including any Assignment and Assumption) and the transactions contemplated hereby shall be deemed to include electronic signatures, 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 signature, physical delivery thereof 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, without limitation, as including the Federal Electronic Signatures in provided Parts 2 Global and 3 of the Personal Information Protection and Electronic Documents Act (Canada), the Electronic National Commerce Act, 2000 (Ontario), the New York State Electronic Transaction Acts (British Columbia), the Electronic Transactions Act (Alberta)Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Commerce Act Transactions Act; provided, that nothing herein shall require the Administrative Agent to accept electronic signatures in any form or format without its prior written consent; provided, further, that, without limiting the foregoing, upon the request of the Uniform Law Conference of Canada. The Administrative Agent mayAgent, in its discretion, require that any electronic signature shall be promptly followed by such documents and signatures manually executed electronically or delivered by fax or other electronic transmission be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature executed electronically or delivered by fax or other electronic transmissioncounterpart.

Appears in 1 contract

Samples: Credit Agreement (Avista Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!