Common use of Counterparts; Telefacsimile Execution Clause in Contracts

Counterparts; Telefacsimile Execution. This Amendment (including the consents attached hereto) may be executed in any number of separate counterparts, all of which when taken together shall constitute one and the same instrument, admissible into evidence, notwithstanding the fact that all parties have not signed the same counterpart. Delivery of an executed counterpart of this Amendment by telefacsimile 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 telefacsimile shall also 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

Samples: Loan and Security Agreement (Play Co Toys & Entertainment Corp), Loan and Security Agreement (Play Co Toys & Entertainment Corp), Loan and Security Agreement (Play Co Toys & Entertainment Corp)

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Counterparts; Telefacsimile Execution. This Amendment (including the consents attached hereto) may be executed in any number of counterparts and by different parties and separate counterparts, all each of which when so executed and delivered, shall be deemed an original, and all of which, when taken together together, shall constitute one and the same instrument, admissible into evidence, notwithstanding the fact that all parties have not signed the same counterpart. Delivery of an executed counterpart of a signature page to this Amendment by telefacsimile 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 telefacsimile also shall also 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 3 contracts

Samples: Loan and Security Agreement (Brio Software Inc), Loan and Security Agreement (Brio Software Inc), Loan and Security Agreement (Brio Software Inc)

Counterparts; Telefacsimile Execution. This Amendment (including the consents attached hereto) may be executed in any number of counterparts and by different parties in separate counterparts, all each of which when so executed and delivered, shall be deemed an original, and all of which, when taken together together, shall constitute one and the same instrument, admissible into evidence, notwithstanding the fact that all parties have not signed the same counterpart. Delivery of an executed counterpart of a signature page to this Amendment by telefacsimile 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 telefacsimile also shall also deliver a manually executed counterpart of this Amendment, Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 2 contracts

Samples: Loan Agreement (Party City Corp), Loan and Security Agreement (Party City Corp)

Counterparts; Telefacsimile Execution. This Amendment (including the consents attached hereto) may be executed ------------------------------------- in any number of counterparts and by different parties and separate counterparts, all each of which when so executed and delivered, shall be deemed an original, and all of which, when taken together together, shall constitute one and the same instrument, admissible into evidence, notwithstanding the fact that all parties have not signed the same counterpart. Delivery of an executed counterpart of a signature page to this Amendment by telefacsimile 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 telefacsimile also shall also deliver a manually executed counterpart of this Amendment, Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 2 contracts

Samples: Securities Purchase Agreement (System Software Associates Inc), Financing Agreement (Gulf States Steel Inc /Al/)

Counterparts; Telefacsimile Execution. This Amendment (including the consents attached hereto) may Thix Xxxxxxxxx xay 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 which, when taken together together, shall constitute but one and the same instrument, admissible into evidence, notwithstanding the fact that all parties have not signed the same counterpartAmendment. Delivery of an executed counterpart of this Amendment by telefacsimile 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 telefacsimile also shall also deliver a manually executed counterpart of this Amendment, Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Deckers Outdoor Corp)

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Counterparts; Telefacsimile Execution. This Amendment (including the consents attached hereto) 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 which, when taken together together, shall constitute but one and the same instrumentAmendment, admissible into evidence, notwithstanding the fact that all parties have not signed the same counterpart. Delivery of an executed counterpart of this Amendment by telefacsimile 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 telefacsimile shall also deliver a manually executed counterpart of this Amendment, Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Matrixx Initiatives Inc)

Counterparts; Telefacsimile Execution. This Amendment (including the consents attached hereto) may be executed in any number of separate two or more counterparts, all of which when taken together shall constitute be considered one and the same instrumentagreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party, admissible into evidence, notwithstanding the fact it being understood that all parties have need not signed sign the same counterpart. Delivery of an executed counterpart of a signature page to this Amendment by telefacsimile 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 telefacsimile also shall also deliver a manually executed counterpart of this Amendment, Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 1 contract

Samples: Voting Agreement (McCc ICG Holdings LLC)

Counterparts; Telefacsimile Execution. This Amendment (including the consents attached hereto) 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 which, when taken together together, shall constitute but one and the same instrument, admissible into evidence, notwithstanding the fact that all parties have not signed the same counterpartAmendment. Delivery of an executed counterpart of this Amendment by telefacsimile 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 telefacsimile shall also deliver a manually executed counterpart of this Amendment, Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Matrixx Initiatives Inc)

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