Multiple Counterparts This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument.
Facsimile; Counterparts If a party signs this Agreement and transmits an electronic facsimile of the signature page to the other party, the party who receives the transmission may rely upon the electronic facsimile as a signed original of this Agreement.
Language and Counterparts This Agreement is written in both Chinese and English language in two copies, each Party having one copy with equal legal validity; in case there is any conflict between the Chinese version and the English version, the Chinese version shall prevail.
Separate Counterparts This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument.
Governing Law; Counterparts (a) This Amendment and the rights and obligations of the parties hereto shall be governed by, and construed and interpreted in accordance with, the laws of the State of New York.
Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Execution Counterparts This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same instrument.
Counterparts, Etc This Agreement or any of the other Financing Agreements may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of this Agreement or any of the other Financing Agreements by telefacsimile shall have the same force and effect as the delivery of an original executed counterpart of this Agreement or any of such other Financing Agreements. Any party delivering an executed counterpart of any such agreement by telefacsimile shall also deliver an original executed counterpart, but the failure to do so shall not affect the validity, enforceability or binding effect of such agreement.
Counterparts; Fax This Amendment may be separately executed in counterparts and by the different parties hereto in separate counterparts, each of which when so executed shall be deemed to constitute one and the same Amendment. This Amendment and the other Amendment Documents may be validly executed by facsimile or other electronic transmission. THIS AMENDMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS OF THE PARTIES. [The remainder of this page has been intentionally left blank.]
Applicable Law; Counterparts This Agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and to be performed within the State of New York. This Agreement may be signed in various counterparts which together constitute one and the same instrument. If signed in counterparts, this Agreement shall not become effective unless at least one counterpart hereof shall have been executed and delivered on behalf of each party hereto. Please confirm that the foregoing correctly sets forth the agreement between the Company and the several Underwriters. Very truly yours, ADELPHIA BUSINESS SOLUTIONS, INC. By: /s/Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Vice President and General Counsel Confirmed as of the date first above mentioned on behalf of themselves and the other several Underwriters named in Schedule I hereto. XXXXXXX XXXXX XXXXXX INC. CREDIT SUISSE FIRST BOSTON CORPORATION XXXXXXXXX, LUFKIN & XXXXXXXX SECURITIES CORPORATION XXXXXXX, SACHS & CO. BANC OF AMERICA SECURITIES LLC CIBC WORLD MARKETS CORP. CREDIT LYONNAIS SECURITIES (USA) INC. FIRST UNION SECURITIES, INC. as Representatives of the several Underwriters named on Schedule I hereto By: XXXXXXX XXXXX XXXXXX INC. By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title:Manageing Director SCHEDULE I ADELPHIA BUSINESS SOLUTIONS, INC. Underwriter Number of Firm Shares XXXXXXX XXXXX BARNEY INC....................................... 1,459,050 CREDIT SUISSE FIRST BOSTON CORPORATION......................... 1,459,050 XXXXXXXXX, XXXXXX & XXXXXXXX SECURITIES CORPORATION................................................ 1,459,050 XXXXXXX, SACHS & CO............................................ 1,459,050 BANC OF AMERICA SECURITIES LLC................................. 728,450 CIBC WORLD MARKETS CORP........................................ 728,450 CREDIT LYONNAIS SECURITIES (USA) INC........................... 728,450 FIRST UNION SECURITIES, INC.................................... 728,450 TOTAL........................................ 8,750,000 SCHEDULE II None SCHEDULE III SUBSIDIARIES Adelphia Business Solutions, Inc. Adelphia Business Solutions International, Inc. Adelphia Business Solutions International, LLC Adelphia Business Solutions of Alabama, LLC Adelphia Business Solutions of Arkansas, LLC Adelphia Business Solutions of Connecticut, Inc. Adelphia Business Solutions of Delaware, LLC Adelphia Business Solutions of District of Columbia, LLC Adelphia Business Solutions of Florida, Inc. Adelphia Business Solutions of Florida, LLC Adelphia Business Solutions of Jacksonville, Inc. Adelphia Business Solutions of Georgia, LLC Adelphia Business Solutions of Illinois, Inc. Adelphia Business Solutions of Indiana, L.P. Adelphia Business Solutions of Kansas, LLC Adelphia Business Solutions of Kentucky, Inc. Adelphia Business Solutions of Louisiana, Inc. Adelphia Business Solutions of Maine, Inc. Adelphia Business Solutions of Maryland, LLC Adelphia Business Solutions of Massachusetts, Inc. Adelphia Business Solutions of Michigan, Inc. Adelphia Business Solutions of Mississippi, L.P. Adelphia Business Solutions of New Hampshire, Inc. Adelphia Business Solutions of New Jersey, LLC Adelphia Business Solutions of New York, Inc. Adelphia Business Solutions of North Carolina, L.P. Adelphia Business Solutions of Ohio, Inc. Adelphia Business Solutions of Pennsylvania, Inc. Adelphia Business Solutions of Pennsylvania, LLC Adelphia Business Solutions of Harrisburg, Inc. Adelphia Business Solutions of Rhode Island, Inc. Adelphia Business Solutions of South Carolina, Inc. Adelphia Business Solutions of Tennessee, Inc. Adelphia Business Solutions of Texas, L.P. Adelphia Business Solutions of West Virginia, LLC Adelphia Business Solutions of Vermont, Inc. Adelphia Business Solutions of Virginia, LLC Hyperion Communications Capital, Inc. Hyperion Communications General Holdings, Inc. Hyperion Communications Long Haul, L.P. Hyperion Communications of Tennessee, L.P. Hyperion Communications of Eastern New York, Inc. Hyperion Telecommunications, L.L.C. Hyperion Telecommunications of North Carolina, Inc. SCHEDULE IV JOINT VENTURES Allegheny Hyperion Telecommunications, L.L.C. Hyperion Susquehanna Telecommunications PECO Hyperion Telecommunications !nterprise - Hyperion of Vermont Data Communications !nterprise - Hyperion of Virginia Data Communications !nterprise - MediaOne Fiber Technologies d/b/a MediaOne Data Communications !nterprise - MediaOne of Virginia Data Communications