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

Execution in Counterparts; Electronic Signatures. This Indenture may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall together constitute but one and the same instrument. The exchange of copies of this Indenture and of signature pages by facsimile, electronic means or PDF transmission shall constitute effective execution and delivery of this Indenture as to the parties hereto and may be used in lieu of the original Indenture for all purposes. The words “execution,” “signed,” “signature,” and words of like import in this Indenture shall include images of manually executed signatures transmitted by facsimile or other electronic format (including, without limitation, “pdf,” “tif” or “jpg”) and other electronic signatures (including, without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act and any other applicable law, including, without limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code; provided that, notwithstanding anything herein to the contrary, the Trustee is not under any obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the Trustee pursuant to procedures approved by the Trustee.

Appears in 3 contracts

Samples: Indenture (Repay Holdings Corp), Indenture (Global Payments Inc), Indenture (Integer Holdings Corp)

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Execution in Counterparts; Electronic Signatures. This Indenture Amendment may be executed in by one or more of the parties to this Amendment on any number of counterpartsseparate counterparts (including by facsimile or other electronic imaging means), each and all of which said counterparts taken together shall be an original, but such counterparts shall together deemed to constitute but one and the same instrument. The exchange Delivery of copies an executed signature page of this Indenture and of signature pages Amendment by facsimile, facsimile or other electronic means transmission (e.g. “pdf” or PDF transmission “tif” format) shall constitute be effective execution and as delivery of this Indenture as to the parties hereto and may be used in lieu of the original Indenture for all purposesa manually executed counterpart hereof. The words “execution,” ”, “execute”, “signed,” ”, “signature,” and words of like import in or related to this Indenture Amendment or any other document to be signed in connection with this Amendment and the transactions contemplated hereby shall be deemed to include images electronic signatures, the electronic matching of manually executed signatures transmitted assignment terms and contract formations on electronic platforms approved by facsimile or other electronic format (including, without limitation, “pdf,” “tif” or “jpg”) and other electronic signatures (including, without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, receivedthe Lender, or stored by the keeping of records in electronic means) form, each of which shall be of the same legal effect, validity and or enforceability as a manually executed signature or the use of a paper-based record-keeping system recordkeeping system, as the case may be, to the fullest extent permitted by 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 and Act, or any other applicable law, including, without limitation, any similar state law laws based on the Uniform Electronic Transactions Act or the Uniform Commercial CodeAct; provided that, that notwithstanding anything contained herein to the contrary, contrary the Trustee Lender is not under any no obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the Trustee Lender pursuant to procedures approved by the Trusteeit.

Appears in 2 contracts

Samples: Credit and Security Agreement (Armata Pharmaceuticals, Inc.), Credit and Security Agreement (Armata Pharmaceuticals, Inc.)

Execution in Counterparts; Electronic Signatures. This Indenture Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original, but such counterparts original and all of which taken together shall together constitute but one and the same instrument. The exchange of copies of this Indenture and of signature pages by facsimile, electronic means or PDF transmission shall constitute effective execution and delivery of this Indenture as to the parties hereto and may be used in lieu of the original Indenture for all purposes. The words “execution,” signed,” “signature,” and words of like import in this Indenture Amendment shall include images of manually executed signatures transmitted by facsimile or other electronic format (including, without limitation, “pdf,” ”, “tif” or “jpg”) and other electronic signatures (including, without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-record- keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act and any other applicable law, including, without limitationAct, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code; provided that, notwithstanding anything herein and any other applicable law. Any provisions of this Amendment which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the contraryextent of such prohibition or unenforceability without invalidating the remaining provisions hereof, the Trustee is not under and any obligation to agree to accept electronic signatures such prohibition or unenforceability in any form jurisdiction shall not invalidate or render unenforceable such provision in any format unless expressly agreed to by the Trustee pursuant to procedures approved by the Trusteeother jurisdiction.

Appears in 1 contract

Samples: Administration Agreement (Fresenius Medical Care AG & Co. KGaA)

Execution in Counterparts; Electronic Signatures. This Indenture Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original, but such counterparts original and all of which taken together shall together constitute but one and the same instrument. The exchange of copies of this Indenture and of signature pages by facsimile, electronic means or PDF transmission shall constitute effective execution and delivery of this Indenture as to the parties hereto and may be used in lieu of the original Indenture for all purposes. The words “execution,” signed,” “signature,” and words of like import in this Indenture Amendment shall include images of manually executed signatures transmitted by facsimile or other electronic format (including, without limitation, “pdf,” ”, “tif” or “jpg”) and other electronic signatures (including, without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, ​ ​ ​ sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-record- keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act and any other applicable law, including, without limitationAct, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code; provided that, notwithstanding anything herein and any other applicable law. Any provisions of this Amendment which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the contraryextent of such prohibition or unenforceability without invalidating the remaining provisions hereof, the Trustee is not under and any obligation to agree to accept electronic signatures such prohibition or unenforceability in any form jurisdiction shall not invalidate or render unenforceable such provision in any format unless expressly agreed to by the Trustee pursuant to procedures approved by the Trustee.other jurisdiction. ​

Appears in 1 contract

Samples: Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA)

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Execution in Counterparts; Electronic Signatures. This Indenture Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original, but such counterparts original and all of which taken together shall together constitute but one and the same instrument. The exchange of copies of this Indenture and of signature pages by facsimile, electronic means or PDF transmission shall constitute effective execution and delivery of this Indenture as to the parties hereto and may be used in lieu of the original Indenture for all purposes. The words “execution,” signed,” “signature,” and words of like import in this Indenture Amendment shall include images of manually executed signatures transmitted by facsimile or other electronic format (including, without limitation, “pdf,” ”, “tif” or “jpg”) and other electronic signatures (including, without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-record- keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act and any other applicable law, including, without limitationAct, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code; provided that, notwithstanding anything herein and any other applicable law. Any provisions of this Amendment which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the contraryextent of such prohibition or unenforceability without invalidating the remaining provisions hereof, the Trustee is not under and any obligation to agree to accept electronic signatures such prohibition or unenforceability in any form jurisdiction shall not invalidate or render unenforceable such provision in any format unless expressly agreed to by the Trustee pursuant to procedures approved by the Trusteeother jurisdiction.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA)

Execution in Counterparts; Electronic Signatures. This Indenture Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original, but such counterparts original and all of which taken together shall together constitute but one and the same instrument. The exchange of copies of this Indenture and of signature pages by facsimile, electronic means or PDF transmission shall constitute effective execution and delivery of this Indenture as to the parties hereto and may be used in lieu of the original Indenture for all purposes. The words “execution,” signed,” “signature,” and words of like import in this Indenture Amendment shall include images of manually executed signatures transmitted by facsimile or other electronic format (including, without limitation, “pdf,” ”, “tif” or “jpg”) and other electronic signatures (including, without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-record- keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act and any other applicable law, including, without limitationAct, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code; provided that, notwithstanding anything herein and any other applicable law. Any provisions of this Amendment which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the contraryextent of such prohibition or unenforceability without invalidating the remaining provisions hereof, the Trustee is not under and any obligation to agree to accept electronic signatures such prohibition or unenforceability in any form jurisdiction shall not invalidate or render unenforceable such provision in any format unless expressly agreed to by the Trustee pursuant to procedures approved by the Trustee.other jurisdiction. ​

Appears in 1 contract

Samples: Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA)

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