Delivery by Facsimile or PDF. This Agreement and any 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 portable document format (pdf) sent by electronic mail, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement 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 agreement or instrument shall raise the use of a facsimile machine or emailed pdf to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or emailed pdf as a defense to the formation of a contract and each such party forever waives any such defense.
Appears in 5 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical, Inc), Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical, Inc), Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical, Inc)
Delivery by Facsimile or PDF. This Agreement and any signed 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 portable document format (pdf) sent by electronic mailPDF email, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party Party hereto or to any such agreement or instrument, each other party Party hereto or thereto shall re-execute original forms thereof and deliver them to all other partiesParties. No party Party hereto or to any such agreement or instrument shall raise the use of a facsimile machine or emailed pdf PDF email to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or emailed pdf PDF email as a defense to the formation of a contract Contract and each such party Party forever waives any such defense.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (ONE Group Hospitality, Inc.), Agreement and Plan of Merger (ONE Group Hospitality, Inc.), Agreement and Plan of Merger (ONE Group Hospitality, Inc.)
Delivery by Facsimile or PDF. This Agreement and any 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 portable document format (pdf) sent by electronic mailtransmission in Portable Document Format (.pdf), shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement 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 agreement or instrument shall raise the use of a facsimile machine or emailed pdf .pdf format to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or emailed pdf by electronic transmission as a defense to the formation of a contract and each such party forever waives any such defense.
Appears in 1 contract
Delivery by Facsimile or PDF. This Agreement and any 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 portable document format (pdf) sent by electronic mailtransmission in Portable Document Format (.pdf) or other electronic format, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement 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 agreement or instrument shall raise the use of a facsimile machine or.pdf format or emailed pdf other electronic format to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or emailed pdf by electronic transmission as a defense to the formation of a contract and each such party forever waives any such defense.
Appears in 1 contract
