Common use of Electronic Transmission; Electronic Signatures Clause in Contracts

Electronic Transmission; Electronic Signatures. The Trustee shall not have any duty to confirm that the person sending any notice, instruction or other communication (a “Notice”) by electronic transmission (including by e-mail, facsimile transmission, web portal or other electronic methods) is, in fact, a person authorized to do so. Electronic signatures believed by the Trustee to comply with the ESIGN Act of 2000 or other applicable law (including electronic images of handwritten signatures and digital signatures provided by DocuSign, Orbit, Adobe Sign or any other digital signature provider acceptable to the Trustee) shall be deemed original signatures for all purposes. Each other party assumes all risks arising out of the use of electronic signatures and electronic methods to send Notices to the Trustee, including without limitation the risk of the Trustee acting on an unauthorized Notice, and the risk of interception or misuse by third parties. Notwithstanding the foregoing, the Trustee may in any instance and in its sole discretion require that an original document bearing a manual signature be delivered to the Trustee in lieu of, or in addition to, any such electronic Notice.

Appears in 5 contracts

Samples: First Lien Senior Secured Pik Notes Indenture (WeWork Inc.), Second Lien Exchangeable Senior Secured Pik Notes Indenture (WeWork Inc.), Third Lien Exchangeable Senior Secured Pik Notes Indenture (WeWork Inc.)

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Electronic Transmission; Electronic Signatures. The Trustee Escrow Agent shall not have any duty to confirm that the person sending any notice, instruction or other communication (a “Notice”) by electronic transmission (including by e-mail, facsimile transmission, web portal or other electronic methods) is, in fact, a person authorized to do so. Electronic signatures believed by the Trustee Escrow Agent to comply with the ESIGN Act of 2000 or other applicable law (including electronic images of handwritten signatures and digital signatures provided by DocuSign, Orbit, Adobe Sign or any other digital signature provider acceptable to the TrusteeEscrow Agent) shall be deemed original signatures for all purposes. Each other party assumes all risks arising out of the use of electronic signatures and electronic methods to send Notices to the TrusteeEscrow Agent, including without limitation the risk of the Trustee Escrow Agent acting on an unauthorized Notice, and the risk of interception or misuse by third parties. Notwithstanding the foregoing, the Trustee Escrow Agent may in any instance and in its sole discretion require that an original document bearing a manual signature be delivered to the Trustee Escrow Agent in lieu of, or in addition to, any such electronic Notice.

Appears in 2 contracts

Samples: Escrow Agreement (HPS Corporate Lending Fund), Escrow Agreement (HPS Corporate Lending Fund)

Electronic Transmission; Electronic Signatures. The Trustee shall not have any duty to confirm that the person sending any notice, instruction or other communication (a “Notice”) by electronic transmission (including by e-mail, facsimile transmission, web portal or other electronic methods) is, in fact, a person authorized to do so. Electronic signatures believed by the Trustee to comply with the ESIGN Act of 2000 or other applicable law (including electronic images of handwritten signatures and digital signatures provided by DocuSign, Orbit, Adobe Sign or any other digital signature provider acceptable to the Trustee) shall be deemed original signatures for all purposes. Each other party assumes all risks arising out of the use of electronic signatures and electronic methods to send Notices to the Trustee, including without limitation the risk of the Trustee acting on an unauthorized Notice, and the risk of interception or misuse by third parties. Notwithstanding the foregoing, the Trustee may in any instance and in its sole discretion require that an original document bearing a manual signature be delivered to the Trustee it in lieu of, or in addition to, any such electronic Notice.

Appears in 1 contract

Samples: Indenture (Knife River Holding Co)

Electronic Transmission; Electronic Signatures. The Trustee Escrow Agent shall not have any duty to confirm that the person sending any notice, instruction or other communication (a “Notice”) by electronic transmission (including by e-mail, facsimile transmission, web portal or other electronic methods) is, in fact, a person authorized to do so. Electronic signatures believed by the Trustee Escrow Agent to comply with the ESIGN Act of 2000 or other applicable law (including electronic images of handwritten signatures and digital signatures provided by DocuSign, Orbit, Adobe Sign or any other digital signature provider acceptable to the TrusteeEscrow Agent) shall be deemed original signatures for all purposes. Each other party assumes all risks arising out of the use of electronic signatures and electronic methods to send Notices to the TrusteeEscrow Agent, including without limitation the risk of the Trustee Escrow Agent acting on an unauthorized Notice, and the risk of interception or misuse by third parties. Notwithstanding the foregoing, the Trustee Escrow Agent may in any instance and in its sole discretion require that an original document bearing a manual signature be delivered to the Trustee Escrow Agent in lieu of, or in addition to, any such electronic Notice.

Appears in 1 contract

Samples: Advance Payment Escrow Agreement (Woodgrain, Inc.)

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Electronic Transmission; Electronic Signatures. The Trustee Escrow Agent shall not have any duty to confirm that the person sending any notice, instruction or other communication (a “Notice”) by electronic transmission (including by e-mail, facsimile transmission, web portal or other electronic methods) is, in fact, a person authorized to do so. Electronic signatures believed by the Trustee Xxxxxx Agent to comply with the ESIGN Act of 2000 or other applicable law (including electronic images of handwritten signatures and digital signatures provided by DocuSign, Orbit, Adobe Sign or any other digital signature provider acceptable to the TrusteeEscrow Agent) shall be deemed original signatures for all purposes. Each other party assumes all risks arising out of the use of electronic signatures and electronic methods to send Notices to the TrusteeEscrow Agent, including without limitation the risk of the Trustee Escrow Agent acting on an unauthorized Notice, and the risk of interception or misuse by third parties. Notwithstanding the foregoing, the Trustee Escrow Agent may in any instance and in its sole discretion require that an original document bearing a manual signature be delivered to the Trustee Escrow Agent in lieu of, or in addition to, any such electronic Notice.

Appears in 1 contract

Samples: Escrow Agreement (Bain Capital Private Credit)

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