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

Execution of Agreement; Counterparts; Electronic Signatures. (a) This Amendment may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become effective when counterparts have been signed by each of the parties and delivered to the other parties; it being understood that all parties need not sign the same counterpart. (b) The exchange of copies of this Amendment and of signature pages by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in “portable document format” (“.pdf” format), or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by a combination of such means, shall constitute effective execution and delivery of this Amendment as to the parties and may be used in lieu of an original Amendment for all purposes. Signatures of the parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. (c) Notwithstanding the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), the Uniform Electronic Transactions Act, or any other Legal Requirement relating to or enabling the creation, execution, delivery, or recordation of any contract or signature by electronic means, and notwithstanding any course of conduct engaged in by the parties, no party shall be deemed to have executed this Amendment or any other document contemplated by this Amendment (including any amendment or other change thereto) unless and until such party shall have executed this Amendment or such document on paper by a handwritten original signature or any other symbol executed or adopted by a party with current intention to authenticate this Amendment or such other document contemplated.

Appears in 9 contracts

Samples: Majority Stockholder Consent Agreement (China Water & Drinks Inc..), Majority Stockholder Consent Agreement (Heckmann CORP), Agreement and Plan of Merger and Reorganization (China Water & Drinks Inc..)

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Execution of Agreement; Counterparts; Electronic Signatures. (a) This Amendment Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become effective when counterparts have been signed by each of the parties and delivered to the other parties; it being understood that all parties need not sign the same counterpart. (b) . The exchange of copies of this Amendment Agreement and of signature pages by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in “portable document format” (“.pdf” format)”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by a combination of such means, shall constitute effective execution and delivery of this Amendment Agreement as to the parties and may be used in lieu of an original Amendment Agreement for all purposes. Signatures of the parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. (c) . Notwithstanding the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), the Uniform Electronic Transactions Act, or any other Legal Requirement relating to or enabling the creation, execution, delivery, or recordation of any contract or signature by electronic means, and notwithstanding any course of conduct engaged in by the parties, no party shall be deemed to have executed this Amendment Agreement or any other document contemplated by this Amendment Agreement (including any amendment or other change thereto) unless and until such party shall have executed this Amendment Agreement or such document on paper by a handwritten original signature or any other symbol executed or adopted by a party with current intention to authenticate this Amendment Agreement or such other document contemplated.

Appears in 6 contracts

Samples: Tender and Voting Agreement (TCV Iv Lp), Tender and Voting Agreement (Intersil Corp/De), Tender and Voting Agreement (California Micro Devices Corp)

Execution of Agreement; Counterparts; Electronic Signatures. (a) This Amendment Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become effective when counterparts have been signed by each of the parties and delivered to the other parties; it being understood that all parties need not sign the same counterpart. (b) The exchange of copies of this Amendment Agreement and of signature pages by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in “portable document format” (“.pdf” format)”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by a combination of such means, shall constitute effective execution and delivery of this Amendment Agreement as to the parties and may be used in lieu of an original Amendment Agreement for all purposes. Signatures of the parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. (c) Notwithstanding the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), the Uniform Electronic Transactions Act, or any other Legal Requirement relating to or enabling the creation, execution, delivery, or recordation of any contract or signature by electronic means, and notwithstanding any course of conduct engaged in by the parties, no party shall be deemed to have executed this Amendment Agreement or any other document contemplated by this Amendment Agreement (including any amendment or other change thereto) unless and until such party shall have executed this Amendment Agreement or such document on paper by a handwritten original signature or any other symbol executed or adopted by a party with current intention to authenticate this Amendment Agreement or such other document contemplated.

Appears in 5 contracts

Samples: Merger Agreement (Intersil Corp/De), Merger Agreement (Catalyst Semiconductor Inc), Merger Agreement (On Semiconductor Corp)

Execution of Agreement; Counterparts; Electronic Signatures. (a) This Amendment Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become effective when counterparts have been signed by each of the parties and delivered to the other parties; it being understood that all parties need not sign the same counterpart. (b) The exchange of copies of this Amendment Agreement and of signature pages by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in “portable document format” (“.pdf” format), or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by a combination of such means, shall constitute effective execution and delivery of this Amendment Agreement as to the parties and may be used in lieu of an original Amendment Agreement for all purposes. Signatures of the parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. (c) Notwithstanding the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), the Uniform Electronic Transactions Act, or any other Legal Requirement relating to or enabling the creation, execution, delivery, or recordation of any contract Contract or signature by electronic means, and notwithstanding any course of conduct engaged in by the parties, no party shall be deemed to have executed this Amendment Agreement or any other document contemplated by this Amendment Agreement (including any amendment or other change thereto) unless and until such party shall have executed this Amendment Agreement or such document on paper by a handwritten original signature or any other symbol executed or adopted by a party with current intention to authenticate this Amendment Agreement or such other document contemplated.

Appears in 5 contracts

Samples: Release Agreement (Heckmann CORP), Asset Purchase Agreement (Heckmann CORP), Merger Agreement (Heckmann CORP)

Execution of Agreement; Counterparts; Electronic Signatures. (a) This Amendment Purchase Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become effective when counterparts have been signed by each of the parties and delivered to the other parties; it being understood that all parties need not sign the same counterpart. (b) The exchange of copies of this Amendment Purchase Agreement and of signature pages by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in “portable document format” (“.pdf” format), or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by a combination of such means, shall constitute effective execution and delivery of this Amendment Purchase Agreement as to the parties and may be used in lieu of an original Amendment Purchase Agreement for all purposes. Signatures of the parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. (c) Notwithstanding the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), the Uniform Electronic Transactions Act, or any other Legal Requirement relating to or enabling the creation, execution, delivery, or recordation of any contract Contract or signature by electronic means, and notwithstanding any course of conduct engaged in by the parties, no party shall be deemed to have executed this Amendment Purchase Agreement or any other document contemplated by this Amendment Purchase Agreement (including any amendment or other change thereto) unless and until such party shall have executed this Amendment Purchase Agreement or such document on paper by a handwritten original signature or any other symbol executed or adopted by a party with current intention to authenticate this Amendment Purchase Agreement or such other document contemplated.

Appears in 2 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Heckmann CORP)

Execution of Agreement; Counterparts; Electronic Signatures. (a) This Amendment Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become effective when counterparts have been signed by each of the parties and delivered to the other parties; , it being understood that all parties need not sign the same counterpart. (b) The exchange of copies of this Amendment Agreement and of signature pages by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in “portable document format” (“.pdf” format)”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by a combination of such means, shall constitute effective execution and delivery of this Amendment Agreement as to the parties and may be used in lieu of an original Amendment Agreement for all purposes. Signatures of the parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. (c) Notwithstanding the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), the Uniform Electronic Transactions Act, or any other Legal Requirement Law relating to or enabling the creation, execution, delivery, or recordation of any contract or signature by electronic means, and notwithstanding any course of conduct engaged in by the parties, no party shall be deemed to have executed this Amendment Agreement or any other document contemplated by this Amendment Agreement (including any amendment or other change thereto) unless and until such party shall have executed this Amendment Agreement or such document on paper by a handwritten original signature or any other symbol executed or adopted by a party with current intention to authenticate this Amendment Agreement or such other document contemplated.

Appears in 2 contracts

Samples: Merger Agreement ('Mktg, Inc.'), Merger Agreement (Henry Bros. Electronics, Inc.)

Execution of Agreement; Counterparts; Electronic Signatures. (a) This Amendment Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become effective when counterparts have been signed by each of the parties and delivered to the other parties; it being understood that all parties need not sign the same counterpart. (b) The exchange of copies of this Amendment Agreement and of signature pages by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in “portable document format” (“.pdf” format), or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by a combination of such means, shall constitute effective execution and delivery of this Amendment Agreement as to the parties and may be used in lieu of an original Amendment Agreement for all purposes. Signatures of the parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. (c) Notwithstanding the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), the Uniform Electronic Transactions Act, or any other Legal Requirement relating to or enabling the creation, execution, delivery, or recordation of any contract or signature by electronic means, and notwithstanding any course of conduct engaged in by the parties, no party shall be deemed to have executed this Amendment Agreement or any other document contemplated by this Amendment Agreement (including any amendment or other change thereto) unless and until such party shall have executed this Amendment Agreement or such document on paper by a handwritten original signature or any other symbol executed or adopted by a party with current intention to authenticate this Amendment Agreement or such other document contemplated.

Appears in 2 contracts

Samples: Merger Agreement (Amis Holdings Inc), Merger Agreement (On Semiconductor Corp)

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Execution of Agreement; Counterparts; Electronic Signatures. (a) This Amendment Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become effective when counterparts have been signed by each of the parties and delivered to the other parties; it being understood that all parties need not sign the same counterpart. (b) The exchange of copies of this Amendment Agreement and of signature pages by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in “portable document format” (“.pdf” format), or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by a combination of such means, shall constitute effective execution and delivery of this Amendment Agreement as to the parties and may be used in lieu of an original Amendment Agreement for all purposes. Signatures of the parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. (c) Notwithstanding the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), the Uniform Electronic Transactions Act, or any other Legal Requirement relating to or enabling the creation, execution, delivery, or recordation of any contract or signature by electronic means, and notwithstanding any course of conduct engaged in by the parties, no party shall be deemed to have executed this Amendment Agreement or any other document contemplated by this Amendment Agreement (including any amendment or other change thereto) unless and until such party shall have executed this Amendment Agreement or such document on paper by a handwritten original signature or any other symbol executed or adopted by a party with current intention to authenticate this Amendment Agreement or such other document contemplated.

Appears in 2 contracts

Samples: Stockholder Consent Agreement (Heckmann CORP), Stockholder Consent Agreement (Heckmann CORP)

Execution of Agreement; Counterparts; Electronic Signatures. (a) This Amendment Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become effective when counterparts have been signed by each of the parties and delivered to the other parties; it being understood that all parties need not sign the same counterpart. (b) The exchange of copies of this Amendment Agreement and of signature pages by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide webWorld Wide Web), by electronic mail in via “portable document format” (“.pdf” format), or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by a combination of such means, shall constitute effective execution and delivery of this Amendment Agreement as to the parties and may be used in lieu of an original Amendment Agreement for all purposes. Signatures of the parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. (c) Notwithstanding the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), the Uniform Electronic Transactions Act, or any other Legal Requirement relating to or enabling the creation, execution, delivery, or recordation of any contract or signature by electronic means, and notwithstanding any course of conduct engaged in by the parties, no party shall be deemed to have executed this Amendment Agreement or any other document contemplated by this Amendment Agreement (including any amendment or other change thereto) unless and until such party shall have executed this Amendment Agreement or such document on paper by a handwritten original signature or any other symbol executed or adopted by a party with current intention to authenticate this Amendment Agreement or such other document contemplated.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Sys), Merger Agreement (Sys)

Execution of Agreement; Counterparts; Electronic Signatures. (a) This Amendment The Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument, instrument and shall become effective when counterparts have been signed by each of the parties and delivered to the other parties; it being understood that all parties need not sign the same counterpart. (b) The exchange of signed copies of this Amendment and Agreement or of signature pages any other document contemplated by facsimile transmission this Agreement (whether directly from one facsimile device to another by means of a dial-up connection including any amendment or whether mediated by the worldwide web), by electronic mail in “portable document format” (“.pdf” format), or any other change thereto) by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by a combination of such means, document shall constitute effective execution and delivery of this Amendment Agreement as to the parties and may be used in lieu of an original Amendment Agreement or other document for all purposes. Signatures of the parties transmitted by facsimile any electronic means referenced in the preceding sentence shall be deemed to be their original signatures for all purposes. (c) Notwithstanding the Electronic Signatures in Global and National Commerce Act (enacted June 30, 2000, 15 U.S.C. Sec. 7001 et seq.), the Uniform Electronic Transactions Act§§ 7001-7006, or any other Legal Requirement Law relating to or enabling the creation, execution, delivery, or recordation of any contract or signature by electronic means, and notwithstanding any course of conduct engaged in by the parties, no party shall be deemed to have executed this Amendment Agreement or any other document contemplated by this Amendment Agreement (including any amendment or other change thereto) unless and until such party shall have executed this Amendment Agreement or such document on paper by a handwritten original signature or any other symbol executed or adopted by a party with current intention to authenticate this Amendment Agreement or such other contemplated document contemplatedand an original of such signature has been exchanged by the parties either by physical delivery or in the manner set forth in Section 8.17(b). “Originally signed” or “original signature” means or refers to a signature that has not been mechanically or electronically reproduced.

Appears in 2 contracts

Samples: Merger Agreement (SPAR Group, Inc.), Merger Agreement (SPAR Group, Inc.)

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