Counterparts; Facsimile Execution. This Agreement may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same Agreement. Delivery of an executed counterpart of this Agreement by facsimile shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile also shall deliver a manually executed counterpart of this Agreement but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Agreement.
Appears in 11 contracts
Samples: Receivables Purchase Agreement (CMS Energy Corp), Loan and Security Agreement (GlassHouse Technologies Inc), Control Agreement (Transcept Pharmaceuticals Inc)
Counterparts; Facsimile Execution. This Agreement may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same Agreement. Delivery of an executed counterpart of this Agreement by facsimile shall be equally as effective as delivery of a manually an original executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile also shall deliver a manually an original executed counterpart of this Agreement but the failure to deliver a manually an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Agreement.
Appears in 7 contracts
Samples: Security Agreement (GPS Industries, Inc.), Loan and Security Agreement (Starcraft Corp /In/), Loan and Security Agreement (Effective Management Systems Inc)
Counterparts; Facsimile Execution. This Agreement may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same Agreement. Delivery of an executed counterpart of this Agreement by facsimile shall be equally as effective as delivery of a manually an original executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile also shall deliver a manually an original executed counterpart of this Agreement but the failure to deliver a manually an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Agreement. The foregoing shall apply to each other Loan Document mutatis mutandis.
Appears in 4 contracts
Samples: Credit Agreement (M I Homes Inc), Loan and Security Agreement (Great Lakes Capital Acceptance LLC), Loan and Security Agreement (Great Lakes Capital Acceptance LLC)
Counterparts; Facsimile Execution. This Agreement may be executed in any number of counterparts and by different parties on hereto in separate counterparts, each of which, which when so executed and delivered, shall be deemed to be an original, original and all of which, when which taken together, together shall constitute but one and the same Agreementagreement. Delivery of an executed counterpart of this Agreement by facsimile or other electronic transmission shall be equally as effective as delivery of a manually an original executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile or electronic transmission also shall deliver a manually an original executed counterpart of this Agreement but the failure to deliver a manually an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Agreement.
Appears in 4 contracts
Samples: Intercompany Subordination Agreement, Intercompany Subordination Agreement (Velocity Express Corp), Intercompany Subordination Agreement (Velocity Express Corp)
Counterparts; Facsimile Execution. This Agreement may be executed in any number of counterparts and by different parties on hereto in separate counterparts, each of which, which when so executed and delivered, shall be deemed to be an original, original and all of which, when which taken together, together shall constitute but one and the same Agreementagreement. Delivery of an executed counterpart of this Agreement by facsimile or electronic mail shall be equally as effective as delivery of a manually an original executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile or electronic mail also shall deliver a manually an original executed counterpart of this Agreement but the failure to deliver a manually an original executed counterpart shall not affect the validity, enforceability, and binding bind effect of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (Fifth Street Asset Management Inc.), Credit Agreement (Ares Management Lp)
Counterparts; Facsimile Execution. This Agreement may be executed in any number of counterparts and by different parties on and 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 Agreementinstrument. Delivery of an executed counterpart of a signature page to this Agreement by facsimile shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile also shall deliver a manually executed counterpart of this Agreement but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Wave2Wave Communications, Inc.), Credit Agreement and Promissory Note (Biosphere Medical Inc)
Counterparts; Facsimile Execution. This Agreement may be --------------------------------- executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same Agreement. Delivery of an executed counterpart of this Agreement by facsimile shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile also shall deliver a manually executed counterpart of this Agreement but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Agreement.
Appears in 2 contracts
Samples: Senior Collateral Pledge and Security Agreement (Earthwatch Inc), Pledge Agreement (Earthwatch Inc)
Counterparts; Facsimile Execution. This Agreement may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same Agreement. Delivery of an executed counterpart of this Agreement by facsimile shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile also shall deliver a manually executed counterpart of this Agreement but the failure to deliver a manually executed counterpart shall not affect effect the validity, enforceability, and binding effect of this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (ARYx Therapeutics, Inc.), Loan and Security Agreement (ARYx Therapeutics, Inc.)
Counterparts; Facsimile Execution. This Agreement may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same Agreement. Delivery of an executed counterpart of this Agreement by facsimile shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile also shall deliver a manually executed counterpart counter-part of this Agreement but the failure to deliver a manually executed counterpart shall not affect the validity, enforceabilityenforce-ability, and binding effect of this Agreement.
Appears in 1 contract
Samples: Guaranty—security Agreement—stock Pledge (Gottschalks Inc)
Counterparts; Facsimile Execution. This Agreement may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same Agreement. Delivery of an executed counterpart of this Agreement by electronic facsimile shall be equally as effective as delivery of a manually an original executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by electronic facsimile also shall deliver a manually an original executed counterpart of this Agreement but the failure to deliver a manually an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Agreement. The foregoing shall apply to each other Loan Document mutatis mutandis.
Appears in 1 contract
Samples: Loan Agreement (Bluegreen Corp)
Counterparts; Facsimile Execution. This Agreement may be executed in any number of counterparts and by different parties on hereto in separate counterparts, each of which, which when so executed and delivered, shall be deemed to be an original, original and all of which, when which taken together, together shall constitute but one and the same Agreementagreement. Delivery of an executed counterpart of this Agreement by facsimile or electronic mail shall be equally as effective as delivery of a manually an original executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile or electronic mail also shall deliver a manually an original executed counterpart of this Agreement but the failure to deliver a manually an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Agreement.
Appears in 1 contract
Counterparts; Facsimile Execution. This Agreement may --------------------------------- be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same Agreement. Delivery of an executed counterpart of this Agreement by facsimile shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile also shall deliver a manually executed counterpart of this Agreement but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Agreement.
Appears in 1 contract
Samples: Junior Collateral Pledge and Security Agreement (Earthwatch Inc)
Counterparts; Facsimile Execution. This Agreement may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same Agreement. Delivery of an executed counterpart of this Agreement by facsimile telefacsimile shall be equally as effective as delivery delivering of a manually executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile telefacsimile also shall deliver a manually executed counterpart of this Agreement but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Pia Merchandising Services Inc)
