Delivery by Facsimile or Electronic Transmission. This Agreement and any Transaction Document, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine or other electronic transmission (including electronic transmission of a document in portable document format), shall be treated in all manner and respects as an original Contract and shall be considered to have the same binding legal effects as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such Contract, each other party hereto or thereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto or to any such Contract shall raise the use of a facsimile machine or electronic transmission to deliver a signature or the fact that any signature or Contract was transmitted or communicated through the use of facsimile machine or electronic transmission as a defense to the formation of a Contract and each such party forever waives any such defense.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Identiv, Inc.), Asset Purchase Agreement (Material Sciences Corp)
Delivery by Facsimile or Electronic Transmission. This Agreement and any Transaction Documentsigned agreement or instrument entered into in connection with this Agreement, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine or other electronic transmission (including electronic transmission of a document in portable document formatformat (“PDF”), shall be treated in all manner and respects as an original Contract agreement or instrument and shall be considered to have the same binding legal effects effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such Contractagreement or instrument, each other party hereto or thereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto or to any such Contract agreement or instrument shall raise the use of a facsimile machine or electronic transmission in PDF to deliver a signature or the fact that any signature or Contract agreement or instrument was transmitted or communicated through the use of a facsimile machine or electronic transmission in PDF as a defense to the formation of a Contract contract and each such party forever waives any such defense.
Appears in 2 contracts
Samples: Surrender and Asset Sale Agreement (JP Outfitters, Inc.), Asset Purchase Agreement (JP Outfitters, Inc.)
Delivery by Facsimile or Electronic Transmission. This Agreement and any Transaction Documentsigned agreement entered into in connection herewith or contemplated hereby, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine or other electronic transmission (including electronic transmission of a document in portable document format)transmission, shall be treated in all manner and respects as an original Contract contract and shall be considered to have the same binding legal effects as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such Contractcontract, each other party hereto or thereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto or to any such Contract contract shall raise the use of a facsimile machine or electronic transmission means to deliver a signature or the fact that any signature or Contract contract was transmitted or communicated through the use of facsimile machine or electronic transmission means as a defense to the formation of a Contract contract and each such party forever waives any such defense.
Appears in 2 contracts
Samples: Equity Purchase Agreement (Griffin-American Healthcare REIT III, Inc.), Equity Purchase Agreement (NorthStar Healthcare Income, Inc.)