Common use of Execution in Counterparts; Electronic Signatures Clause in Contracts

Execution in Counterparts; Electronic Signatures. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute but one and the same agreement. Delivery of an executed counterpart of a signature page to this letter by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format shall be effective as delivery of a manually executed counterpart of this letter for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Amendment and any other Loan Document (including, without limitation, any Assignment and Acceptance Agreement) to be signed in connection with this Amendment, the other Loan Documents and the transactions contemplated hereby and thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Administrative Agent to accept electronic signatures in any form or format without its prior written consent. Each of the parties represents and warrants to the other parties that it has the corporate capacity and authority to execute the Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documents.

Execution in Counterparts; Electronic Signatures. This Amendment Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute but one and the same agreement. Delivery of an executed counterpart of a signature page to this letter Agreement by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format telecopier shall be effective as delivery of a manually executed counterpart of this letter for all purposesAgreement. The words “execute,” “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating related to this Amendment and any other Loan Document (including, without limitation, any Assignment and Acceptance Agreement) document to be signed in connection with this Amendment, the other Loan Documents Agreement and the transactions contemplated hereby (including without limitation Assignment and thereby Assumptions, amendments or other modifications, Notices of Borrowing, waivers and consents) shall be deemed to include Electronic Signatureselectronic signatures, deliveries the electronic matching of assignment terms and contract formations on electronic platforms approved by the Administrative Agent, or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing notwithstanding anything contained herein shall require to the contrary the Administrative Agent is under no obligation to agree to accept electronic signatures in any form or in any format without its prior written consent. Each unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it (it being understood for the purposes of the parties represents and warrants Loan Documents DocuSign shall be acceptable if the signature so delivered conforms to the other parties that it has signature provided on the corporate capacity and authority to execute the Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documentsapplicable incumbency certificate).

Execution in Counterparts; Electronic Signatures. This Amendment Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute but one and the same agreement. Delivery of an executed counterpart of a signature page to this letter Agreement by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format telecopier shall be effective as delivery of a manually executed counterpart of this letter for all purposesAgreement. The words “execute,” “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating related to this Amendment and any other Loan Document (including, without limitation, any Assignment and Acceptance Agreement) document to be signed in connection with this Amendment, the other Loan Documents Agreement and the transactions contemplated hereby (including without limitation Assignment and thereby Assumptions, amendments or other modifications, Notices of Issuance, Notices of Revolving Credit Borrowing, Notices of Swing Line Borrowing, waivers and consents) shall be deemed to include Electronic Signatureselectronic signatures, deliveries the electronic matching of assignment terms and contract formations on electronic platforms approved by the Administrative Agent, or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing notwithstanding anything contained herein shall require to the contrary the Administrative Agent is under no obligation to agree to accept electronic signatures in any form or in any format without its prior written consent. Each unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it (it being understood for the purposes of the parties represents and warrants Loan Documents DocuSign shall be acceptable if the signature so delivered conforms to the other parties that it has signature provided on the corporate capacity and authority to execute the Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documentsapplicable incumbency certificate).

Execution in Counterparts; Electronic Signatures. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute but one and the same agreement. Delivery of an executed counterpart of a signature page to this letter by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format shall be effective as delivery of a manually executed counterpart of this letter for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Amendment and any other Loan Document (including, without limitation, any Assignment and Acceptance Agreement) to be signed in connection with this Amendment, the other Loan Documents and the transactions contemplated hereby and thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Administrative Agent to accept electronic signatures in any form or format without its prior written consent. Each of the parties represents and warrants to the other parties that it has the corporate capacity and authority to execute the Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documents.. Summit – First Amendment to Credit Agreement

Execution in Counterparts; Electronic Signatures. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute but one and the same agreement. Delivery of an executed counterpart of a signature page to this letter Amendment by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format shall be effective as delivery of a manually executed counterpart of this letter Amendment for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Amendment and any other Loan Document (including, without limitation, any Assignment and Acceptance Agreement) to be signed in connection with this Amendment, the other Loan Documents and the transactions contemplated hereby and thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Administrative Agent to accept electronic signatures in any form or format without its prior written consent. Each of the parties represents and warrants to the other parties that it has the corporate capacity and authority to execute the this Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documents.

Execution in Counterparts; Electronic Signatures. This Amendment Indenture may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken original, but such counterparts shall together shall constitute but one and the same agreementinstrument. Delivery The exchange of an executed counterpart copies of a this Indenture and of signature page to this letter pages by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format PDF transmission shall be constitute effective as execution and delivery of a manually executed counterpart this Indenture as to the parties hereto and may be used in lieu of this letter the original Indenture for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in this Indenture or relating to this Amendment and any other Loan Document (including, without limitation, any Assignment and Acceptance Agreement) to be signed agreement entered into in connection with this Amendment, the other Loan Documents and the transactions contemplated hereby and thereby herewith shall be deemed to include Electronic Signatures, deliveries electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require Act (e.g. DocuSign). Without limitation to the Administrative Agent foregoing, and anything in this Indenture to accept electronic signatures in the contrary notwithstanding, (a) any form Officer’s Certificate, Opinion of Counsel, any Note, notice or format without its prior written consent. Each other certificate, opinion of counsel, instrument, agreement or other document delivered pursuant to this Indenture may be executed, attested and transmitted by any of the parties represents and warrants to the other parties that it has the corporate capacity and authority to execute the Amendment through foregoing electronic means and there formats and (b) all references to the execution, attestation or authentication of any Note or any certificate of authentication appearing on or attached to any Note by means of a manual or facsimile signature shall be deemed to include signatures that are no restrictions for doing so made or transmitted by any of the foregoing electronic means or formats. All notices, approvals, consents, requests and any communications hereunder must be in writing (provided that party’s constitutive documentsany communication sent to Trustee hereunder that is required to be signed must be in the form of a document that is signed manually or by any of the electronic means or formats described above) in English. The Company agrees to assume all risks arising out of the use of digital signatures and electronic methods to submit communications to Trustee, including, without limitation, the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties.