Common use of COUNTERPARTS & TELEFACSIMILE Clause in Contracts

COUNTERPARTS & TELEFACSIMILE. This Amendment may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpart. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall deliver an original executed counterpart of this Amendment, but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 12 contracts

Samples: Loan and Security Agreement (Sharper Image Corp), Loan, Guaranty and Security Agreement (Payless Shoesource Inc /De/), Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.)

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COUNTERPARTS & TELEFACSIMILE. This Amendment may be executed in by one or more of the parties to the Amendment on any number of separate counterparts, and all of which said counterparts taken together shall be deemed to constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpartinstrument. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original a manually executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile shall also shall deliver an original a manually executed counterpart of this Amendment, but the failure to deliver an original a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Morton Industrial Group Inc), Note and Warrant Purchase Agreement (Morton Industrial Group Inc)

COUNTERPARTS & TELEFACSIMILE. EXECUTION This Amendment may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpart. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall deliver an original executed counterpart of this Amendment, but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 1 contract

Samples: Loan and Security Agreement (Hypercom Corp)

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COUNTERPARTS & TELEFACSIMILE. This Second Amendment may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Second Amendment by signing any such counterpart. Delivery of an executed counterpart of this Second Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Second Amendment. Any party delivering an executed counterpart of this Second Amendment by telefacsimile also shall deliver an original executed counterpart of this Second Amendment, but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Second Amendment.

Appears in 1 contract

Samples: Loan and Security Agreement (Guitar Center Inc)

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