Miscellaneous; Counterparts. All other terms and conditions of the Agreement remain unchanged and are in full force and effect. In the event of any conflict between the terms of this Amendment 3 and the terms of the Agreement, the terms of this Amendment 3.1 shall control. The Agreement (including the exhibits and schedules attached thereto and referenced therein), as amended by this Amendment 3.1 (including the schedule attached hereto and referenced herein), constitutes the full understanding of the parties and is the final and complete expression of their agreement with respect to the specific subject matter thereof and hereof, and supersedes any previous or contemporaneous oral or written agreements regarding such subject matter. No modification or alteration of any of the terms of this Amendment shall be of any effect unless in writing, signed by both parties. This Amendment 3.1 is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to the conflict of law principles thereof. This Amendment 3.1 may be executed in any number of counterparts, each such counterpart shall be deemed to be an original instrument, and all such counterparts together shall constitute but one agreement. Any such counterpart may contain one or more signature pages. This Amendment 3.1 may be executed by facsimile or portable document format (.pdf) signature pages, which shall be binding to the same extent as an original signature page. [***] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
Miscellaneous; Counterparts. This Lease has been negotiated by Landlord and Tenant and this Lease, together with all of the terms and provisions hereof, shall not be deemed to have been prepared by either Landlord or Tenant, but by both equally. This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument.
Miscellaneous; Counterparts. No agreements or representations, oral or otherwise, expressed or implied with respect to the subject matter hereof have been made by either party that are not set forth expressly in this Agreement. References to Sections are references to Sections of this Agreement. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original but all of which together shall constitute one and the same agreement.
Miscellaneous; Counterparts. This Authorized Participant Agreement constitutes the entire agreement between the Distributor and the Participant with respect to the subject matter herof. Accordingly, this Authorized Participant Agreement supersedes and other oral or written agreements heretofore in effect between the Distributor and the Participant with respect to the distribution of shares in a Fund. Except as expressly provided herein, no other duties or obligations of any kind are implied upon any party. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Miscellaneous; Counterparts. This Contract 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 Contract.
Miscellaneous; Counterparts. In accordance with Clause 25(5) of the Agreement, the Parties will not issue any press release or other public announcements or otherwise disclose this Amendment 5 or the Agreement or any of its provisions, without the prior written approval of the other Party, except as may be required by applicable law, rule or regulation, including disclosures required by the rules and regulations of the United States Securities and Exchange Commission or of any securities exchange or other stock market on which such Party’s securities are traded, provided, such Party shall use reasonable efforts to notify the other Party reasonably in advance of such filing required by applicable law, rule or regulation, and shall seek confidential treatment of the provisions contained in this Amendment Number 5 and the Agreement, to the maximum extent permitted by such governmental body. To this end, the filing Party shall provide the other Party with a copy of this Amendment 5 or the Agreement marked to show provisions for which such filing Party intends to seek confidential treatment and shall reasonably consider and incorporate the other Party’s comments thereon, if any, to the extent the filing Party is able to do so based on the advice of its legal counsel and consistent with legal requirements. All other terms and conditions of the Agreement remain unchanged and are in full force and effect. In the event of any conflict between the terms of this Amendment 5 and the terms of the Agreement, the terms of this Amendment 5 shall control. The Agreement (including the
Miscellaneous; Counterparts. This Agreement constitutes the entire agreement between the Distributor and the Participant with respect to the subject matter hereof. Accordingly, this Agreement supersedes and other oral or written agreements heretofore in effect between the Distributor and the Participant with respect to the distribution of Fund Shares. Except as expressly provided herein, no other duties or obligations of any kind are implied upon any party. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Miscellaneous; Counterparts. The provisions of Sections 13.1, 13.2, 13.5, 13.9, 13.10, 13.11, 13.13 and 13.15 of the Amended Credit Agreement shall apply mutatis mutandis to this Amendment. This Amendment may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Amendment by facsimile or electronic transmission (e.g., a “pdf” or “tif” file) shall be as effective as delivery of a manually signed counterpart of this Amendment. The words “execution,” “signed,” “signature,” and words of like import in this Amendment and any other Credit Document shall be deemed to include 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 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.
Miscellaneous; Counterparts. The provisions of Sections 13.2, 13.13, 13.15 and 13.16 shall apply mutatis mutandis to this Amendment Agreement. This Amendment Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Amendment Agreement by facsimile or electronic transmission shall be as effective as delivery of a manually signed counterpart of this Amendment Agreement.
Miscellaneous; Counterparts. (a) This Lease has been negotiated by Landlord and Tenant and this Lease, together with all of the terms and provisions hereof, shall not be deemed to have been prepared by either Landlord or Tenant, but by both equally. This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. This Lease shall be deemed validly executed and delivered by a party if a party executes this Lease by manual signature or by affixing its signature hereto by means of an electronic signature tool, application, or software (e.g., DocuSign).
(b) Tenant shall have the right, to the extent required to be disclosed by Tenant or Tenant’s affiliates in connection with filings required by applicable Laws, including without limitation the Securities and Exchange Commission (“SEC”), without notice to Landlord to include in such securities filings required information relating to this Lease, including, without limitation, Landlord’s name, the Building, the square footage of the Premises and the rent terms. Except as set forth in the preceding sentence, neither Tenant nor Landlord shall issue, or permit any broker, representative, or agent representing either party in connection with this Lease to issue: (i) any press release; or (ii) any other public disclosure regarding the specific terms of this Lease (including any amendments or modifications thereto), without the prior written approval of the other party. Notwithstanding the foregoing, Tenant and/or Landlord shall be permitted to issue a press release with respect to the entering into of this Lease, provided the same does not disclose the specific terms of this Lease. The parties acknowledge that the transaction described in this Lease and the terms thereof (but not the existence thereof) are of a confidential nature and shall not be disclosed except to such party’s employees, attorneys, accountants, consultants, advisors, affiliates, and actual and prospective purchasers, lenders, investors, subtenants and assignees (collectively, “Permitted Parties”), and except as, in the good faith judgment of Landlord or Tenant, may be required to enable Landlord or Tenant to comply with its obligations under Law or under laws and regulations of the SEC. Each party shall treat any information received about the other party and its business which is not otherwise publicly available as confidential and shall cause its Permitted Partie...
