Facsimiles, Etc. Notwithstanding anything herein to the contrary: (a) DFS may rely on any facsimile copy, electronic data transmission or electronic data storage of any statement, Statement of Transaction, financial statements or other reports, and (b) such facsimile copy, electronic data transmission or electronic data storage will be deemed an original, and the best evidence thereof for all purposes, including, without limitation, under this Agreement or any other Loan Documents, and for all evidentiary purposes before any arbitrator, court or other adjudicatory authority.
Facsimiles, Etc. Notwithstanding anything herein to the contrary: (a) Agent and each Lender may rely on any facsimile copy, electronic data transmission or electronic data storage of any statement, financial statements or other reports, and (b) such facsimile copy, electronic data transmission or electronic data storage will be deemed an original, and the best evidence thereof for all purposes, including, without limitation, under this Agreement or any other Loan Document, and for all evidentiary purposes before any arbitrator, court or other adjudicatory authority.
Facsimiles, Etc. Notwithstanding anything herein to the contrary: (a) DFS may rely on any facsimile copy, electronic data transmission or electronic data storage of any statement, financial statements or other reports, and (b) such facsimile copy, electronic data transmission or electronic data storage will be deemed an original, and the best evidence thereof for all purposes, including, without limitation, under this Agreement or any other Loan Documents, and for all evidentiary purposes before any arbitrator, court or other adjudicatory authority.
Facsimiles, Etc. 52 Section 12.28
Facsimiles, Etc. Notwithstanding anything herein to the contrary: (a) Baldxxx xxx the Lenders may rely on any facsimile copy, electronic data transmission or electronic data storage of any statement, financial statements or other reports, and (b) such facsimile copy, electronic data transmission or electronic data storage will be deemed an original, and the best evidence thereof for all purposes, including, without limitation, under this Credit Agreement or any other Loan Document, and for all evidentiary purposes before any arbitrator, court or other adjudicatory authority.
Facsimiles, Etc. 92 SECTION 15.21 PRO-RATA PARTICIPATION................................................................................92 SECTION 15.22 JUDGMENT CURRENCY.....................................................................................92 SECTION 15.23 RELEASES..............................................................................................93 SECTION 15.24 WAIVER OF CONSEQUENTIAL DAMAGES, ETC..................................................................94 ANNEXES, EXHIBITS AND SCHEDULES ANNEX A COMMITMENTS ANNEX B PRICING MATRIX EXHIBIT A-1 FORM OF REVOLVING CREDIT NOTE EXHIBIT A-2 FORM OF EQUIPMENT ACQUISITION NOTE EXHIBIT B-1 FORM OF BORROWING BASE CERTIFICATE EXHIBIT B-2 OPENING BORROWING BASE CERTIFICATE EXHIBIT C FORM OF NOTICE OF BORROWING EXHIBIT D-1 BALANCE SHEET EXHIBIT D-2 PROJECTED FINANCIAL STATEMENTS EXHIBIT E FORM OF SETTLEMENT REPORT EXHIBIT F FORM OF ASSIGNMENT AND ACCEPTANCE EXHIBIT G FORM OF JOINDER AGREEMENT EXHIBIT H SURVEY REQUIREMENTS SCHEDULE 5.1(a) Jurisdictions in Which Borrowers are Qualified as a Foreign Corporation SCHEDULE 5.1(b) Borrowers' Capital Stock SCHEDULE 5.1(e) Borrowers' Business SCHEDULE 5.1(f) Exceptions to Governmental Approvals SCHEDULE 5.1(g) Title Exceptions and Defects SCHEDULE 5.1(h) Liens SCHEDULE 5.1(i) Indebtedness for Money Borrowed and Guaranties SCHEDULE 5.1(j) Litigation SCHEDULE 5.1(k) Tax Returns and Payments SCHEDULE 5.1(o) ERISA SCHEDULE 5.1(t) Location of Chief Executive Office SCHEDULE 5.1(u) Locations of Inventory SCHEDULE 5.1(v) Locations of Equipment SCHEDULE 5.1(x) Corporate and Fictitious Names SCHEDULE 5.1(aa) Employee Relations SCHEDULE 5.1(bb) Intellectual Property SCHEDULE 5.1(cc) Real Estate LOAN AND SECURITY AGREEMENT THIS LOAN AND SECURITY AGREEMENT (this "Agreement") is entered into as of this 30th day of September, 1999 among NETOPTIX CORPORATION, formerly known as Galileo Corporation, a Delaware corporation ("Parent"), OPTICAL FILTER CORPORATION, a Delaware corporation ("OFC"), LEISEGANG MEDICAL, INC., a Florida corporation ("Leisegang"), FMS HYALIT ASSET MANAGEMENT GMBH, a German corporation (the "German Borrower"), the lenders from time to time party hereto, and DEUTSCHE FINANCIAL SERVICES CORPORATION, a Nevada corporation, as agent for the Lenders (the "Agent").
Facsimiles, Etc. Notwithstanding anything herein to the contrary: (a) the Agent and each Lender may rely on any facsimile copy, electronic data transmission or electronic data storage of any statement, financial statements or other reports, and (b) such facsimile copy, electronic data transmission or electronic data storage will be deemed an original, and the best evidence thereof for all purposes, including, without limitation, under this Agreement or any other Loan Document, and for all evidentiary purposes before any arbitrator, court or other adjudicatory authority.
Facsimiles, Etc. Notwithstanding anything herein to the contrary: (a) Lender may rely on any facsimile copy, electronic data transmission or electronic data storage of any statement, statement of transaction, financial statements or other reports, and (b) such facsimile copy, electronic data transmission or electronic data storage will be deemed an original, and the best evidence thereof for all purposes, including, without limitation, under this Agreement or any other Loan Papers, and for all evidentiary purposes before any court or other adjudicatory authority.
Facsimiles, Etc. THIS AGREEMENT made as of the 15th day of August, 2008 BETWEEN: IMA EXPLORATION INC., a corporation existing under the laws of the Province of British Columbia (the “Option Earner”) WESTERN COPPER CORPORATION, a corporation existing under the laws of the Province of British Columbia (the “Option Grantor”)
Facsimiles, Etc. Delivery of an executed signature page to this Agreement by any party by electronic transmission will be as effective as delivery of a manually executed copy of this Agreement by such party.
