CONCLUSION OF THIS AGREEMENT (VERTRAGSSCHLUSS). 18.1 The parties to this Agreement may choose to conclude this Agreement by an exchange of signed signature page(s), transmitted by means of telecommunication (telekommunikative Übermittlung) by fax or attached as an electronic photocopy (pdf., tif., etc.) to an e-mail.
18.2 If the parties to this Agreement choose to conclude this Agreement pursuant to sub-Clause 18.1 above, they will transmit the signed signature page(s) of this Agreement to attention of Xxxxxx van Bremen or Xxxx Xxxxxxxxx (xxxxxx.xxxxxxxxx@xxxxxxxxxxxxxx.xxx or xxxx.xxxxxxxxx@xxxxxxxxxxxxxx.xxx, fax: +00 000 00 00 0000) (each a “Recipient”). The Agreement will be considered concluded once any of the Recipients has actually received the signed signature page(s) (Zugang der Unterschriftsseite(n)) from all parties to this Agreement and at the time of the receipt of the last outstanding signature page(s).
18.3 For the purposes of this Clause 18 only, the parties to this Agreement appoint each Recipient individually as their attorney (Empfangsvertreter) and expressly allow (gestatten) each Recipient to collect the signed signature page(s) from all and for all parties to this Agreement. For the avoidance of doubt, the Recipients will have no further duties connected with their position as Recipient. In particular, the Recipients may assume the conformity to the authentic original(s) of the signature page(s) transmitted to it by means of telecommunication, the genuineness of all signatures on the original signature page(s) and the signing authority of the signatories.
CONCLUSION OF THIS AGREEMENT (VERTRAGSSCHLUSS). 40.1 The Parties to this Agreement may choose to conclude this Agreement by an exchange of signed signature page(s), transmitted by any means of telecommunication (telekommunikative Übermittlung) such as by way of fax or electronic photocopy.
40.2 If the Parties to this Agreement choose to conclude this Agreement pursuant to Clause 40.1 above, they will transmit the signed signature page(s) of this Agreement to Xxxxxxxx Chance Partnerschaftsgesellschaft, attention to xxxxxx.xxxxxxxx@xxxxxxxxxxxxxx.xxx or xxxxxxxxx.xxxxxxxxxx@xxxxxxxxxxxxxx.xxx (each a “Recipient”). The Agreement will be considered concluded once one Recipient has actually received the signed signature page(s) (Zugang der Unterschriftsseite(n)) from all Parties to this Agreement (whether by way of fax, electronic photocopy or other means of telecommunication) and at the time of the receipt of the last outstanding signature page(s) by such one Recipient.
40.3 For the purposes of this Clause 40 only, the Parties to this Agreement appoint each Recipient as their attorney (Empfangsvertreter) and expressly allow (gestatten) each Recipient to collect the signed signature page(s) from all and for all Parties to this Agreement. For the avoidance of doubt, each Recipient will have no further duties connected with its position as Recipient. In particular, each Recipient may assume the conformity to the authentic original(s) of the signature page(s) transmitted to it by means of telecommunication, the genuineness of all signatures on the original signature page(s) and the signing authority of the signatories. THIS AGREEMENT has been entered into on the date stated at the beginning of this Agreement.
PART I THE ORIGINAL OBLIGORS Name of Original Borrower Registration number (or equivalent, if any) Name of Original Guarantor Registration number (or equivalent, if any)
PART II THE ORIGINAL LENDERS
PART I CONDITIONS PRECEDENT TO INITIAL UTILISATION
CONCLUSION OF THIS AGREEMENT (VERTRAGSSCHLUSS). The Parties may choose to conclude this Agreement by an exchange of signed signature page(s), transmitted by any means of telecommunication (telekommunikative Übermittlung) such as by way of fax or electronic photocopy.
CONCLUSION OF THIS AGREEMENT (VERTRAGSSCHLUSS). 43.1 The Parties to this Agreement may choose to conclude this Agreement by an exchange of signed signature page(s), transmitted by means of telecommunication (telekommunikative Übermittlung) by way of fax or attached as an electronic photocopy (pdf., tif., etc.) to electronic mail.
43.2 If the Parties to this Agreement choose to conclude this Agreement in accordance with sub-clause 43.1 above, they will transmit the signed signature page(s) of this Agreement to Xxx. Xxxxxxx Xxxxxxxxxx/Xxx. Xxxx Xxxxxxxxxx, Xxxxxxxx Chance Partnerschaftsgesellschaft (the "Recipient"). The Agreement will be considered concluded once the Recipient has actually received the signed signature page(s) (Zugang der Unterschriftsseite(n)) from all Parties to this Agreement and at the time of the receipt of the last outstanding signature page(s).
43.3 For the purposes of this Clause 43 only, the Parties to this Agreement appoint the Recipient as agent of receipt (Empfangsvertreter) and expressly allow (gestatten) the Recipient to collect the signed signature page(s) from all and for all Parties to this Agreement. For the avoidance of doubt, the Recipient will have no further duties connected with its position as Recipient. In particular, the Recipient may assume the conformity to the authentic original(s) of the signature page(s) transmitted to it by means of telecommunication, the genuineness of all signatures on the original signature page(s) and the signing authority of the signatories. Table of Contents Name of Original Borrowers Registration number (or equivalent, if any) HeidelbergCement AG Local court (Amtsgericht) of Mannheim, HRB 330082 HeidelbergCement Finance B.V., with official seat in 's-Hertogenbosch, The Netherlands The Netherlands, Chamber of Commerce and Industry, 33232885 Name of Guarantor Registration number (or equivalent, if any) HeidelbergCement AG Local court (Amtsgericht) of Xxxxxxxx, XXX 000000 Table of Contents Deutsche Bank Luxembourg S.A. 1,809,567,901 1,161,111,111 814,814,815 339,506,173 The Royal Bank of Scotland plc, Niederlassung Frankfurt 3,520,432,099 2,258,888,889 1,585,185,185 660,493,827 Total 5,330,000,000 3,420,000,000 2,400,000,000 1,000,000,000 Deutsche Bank Luxembourg S.A. The Royal Bank of Scotland plc, Niederlassung Frankfurt 169,753,086 330,246,914 Table of Contents
CONCLUSION OF THIS AGREEMENT (VERTRAGSSCHLUSS). 37.1 The Parties to this Agreement may choose to conclude this Agreement by an exchange of signed signature page(s), transmitted by means of telecommunication (telekommunikative Übermittlung) by way of fax or attached as an electronic photocopy (pdf., tif., etc.) to electronic mail.
37.2 If the Parties to this Agreement choose to conclude this Agreement in accordance with Clause 37.1 above, they will transmit the signed signature page(s) of this Agreement to Xx. Xxxxxx X. Cron, Hengeler Xxxxxxx, Fax: +00 00 00000 0 000, E-mail: xxxxxx.xxxx@xxxxxxxx.xxx (the “Recipient”). The Agreement will be considered concluded once the Recipient has actually received the signed signature page(s) (Zugang der Unterschriftsseite(n)) from all Parties to this Agreement and at the time of the receipt of the last outstanding signature page(s).
37.3 For the purposes of this Clause 37 only, the Parties to this Agreement appoint the Recipient as agent of receipt (Empfangsvertreter) and expressly allow (gestatten) the Recipient to collect the signed signature page(s) from all and for all Parties to this Agreement. For the avoidance of doubt, the Recipient will have no further duties connected with its position as Recipient. In particular, the Recipient may assume the conformity to the authentic original(s) of the signature page(s) transmitted to it by means of telecommunication, the genuineness of all signatures on the original signature page(s) and the signing authority of the signatories. Deutsche Bank Luxembourg S.A. 57,500,000.00 JPMorgan Chase Bank, N.A. 57,500,000.00 The Royal Bank of Scotland plc (Niederlassung Frankfurt) 57,500,000.00 Banco Bilbao Vizcaya Argentaria, S.A. 57,500,000.00 Bank of China Limited 57,500,000.00 Banco Santander S.A. 57,500,000.00 The Bank of Tokyo-Mitsubishi UFJ, Ltd. 57,500,000.00 Barclays Bank PLC 57,500,000.00 BNP Paribas S.A., Niederlassung Frankfurt am Main 57,500,000.00 Citigroup Global Markets Deutschland AG & Co.KGaA 57,500,000.00 COMMERZBANK Aktiengesellschaft Filiale Luxemburg 57,500,000.00 Deutsche Postbank International S.A. 57,500,000.00 DZ Bank AG Deutsche Zentral- Genossenschaftsbank, Frankfurt 57,500,000.00 Landesbank Hessen-Thüringen Girozentrale 57,500,000.00 ING Bank N.V. 57,500,000.00 Intesa Sanpaolo S.p.A. 57,500,000.00 Landesbank Baden-Württemberg 57,500,000.00 Nomura International plc 57,500,000.00 Nordea Bank Danmark A/S 57,500,000.00 Société Générale S.A. 57,500,000.00 Sumitomo Mitsui Banking Corporation 57,500,000.00 UniC...
CONCLUSION OF THIS AGREEMENT (VERTRAGSSCHLUSS). Conclusion, modification and amendment of this contract must either be made in writing (including the exchange of personally signed signature pages in pdf format) or, alternatively, by the exchange of electronic declarations of intent within the framework of electronic signature procedures by providers of these procedures (e. g. DocuSign or Adobe Sign).
CONCLUSION OF THIS AGREEMENT (VERTRAGSSCHLUSS). 42.1 The Parties to this Agreement may choose to conclude this Agreement by an exchange of signed signature page(s), transmitted by any means of telecommunication (telekommunikative Übermittlung) such as by way of fax or electronic photocopy.
42.2 If the Parties to this Agreement choose to conclude this Agreement pursuant to Clause 42.1 above, they will transmit the signed signature page(s) of this Agreement to Lxxxxx & Wxxxxxx LLP, attention to axxxxxxxx.xxxxxxxxxx@xx.xxx or Sxxxxxx.xxxxxx@xx.xxx (each a "Recipient"). The Agreement will be considered concluded once one Recipient has actually received the signed signature page(s) (Zugang der Unterschriftsseite(n)) from all Parties to this Agreement (whether by way of fax, electronic photocopy or other means of telecommunication) and at the time of the receipt of the last outstanding signature page(s) by such one Recipient.
CONCLUSION OF THIS AGREEMENT (VERTRAGSSCHLUSS). 8.1 The Parties have previously agreed that they may choose to conclude this Agreement by an exchange of signed signature page(s), transmitted by means of telecommunication (telekommunikative Übermittlung) by facsimile or attached as an electronic photocopy (pdf., tif., etc.) to an e-mail.
8.2 If the Parties choose to conclude this Agreement pursuant to Clause 8.1, they will transmit the signed signature page(s) of this Agreement to [•], marked for the attention to [•] (the “Recipient”). The Agreement will be considered concluded once the Recipient has actually received the signed signature page(s) (Zugang der Unterschriftsseite(n)) from all Parties and at the time of the receipt of the last outstanding signature page(s)
8.3 For the purposes of this Clause 8 only, the Parties have previously appointed the Recipient as their attorney (Empfangsvertreter) and have expressly allowed (gestatten) the Recipient to collect the signed signature page(s) from and on behalf of all Parties and to attach them physically or electronically to the document they pertain to with effect for all Parties. For the avoidance of doubt, the Recipient will have no further duties connected with its position as Recipient. In particular, the Recipient may assume the conformity to the authentic original(s) of the signature page(s) transmitted to it by means of telecommunication, the genuineness of all signatures on the original signature page(s) and the signing authority of the signatories.
CONCLUSION OF THIS AGREEMENT (VERTRAGSSCHLUSS). 34.1 The Parties to this Agreement may choose to conclude this Agreement by an exchange of signed signature page(s), transmitted by any means of telecommunication (telekommunikative Übermittlung) such as by way of fax or electronic photocopy. This Agreement has been entered into on the date stated at the beginning of this Agreement. /s/ Xx. Xxxxxx Xxxxxxxxx Affimed Therapeutics AG /s/ Xx. Xxxxxxx Xxxxxx PCOF 1, LLC /s/ Xx. Xxxxxxx Xxxxxx PCOF 1, LLC
CONCLUSION OF THIS AGREEMENT (VERTRAGSSCHLUSS). 18.1 The parties to this Agreement may choose to conclude this Agreement by an exchange of signed signature page(s), transmitted by means of telecommunication (telekommunikative Übermittlung) by fax or attached as an electronic photocopy (pdf., tif., etc.) to an e-mail.
18.2 If the parties to this Agreement choose to conclude this Agreement pursuant to sub- Clause 18.1 above, they will transmit the signed signature page(s) of this Agreement to attention of Xxxxxx van Bremen or Xxxx Xxxxxxxxx (xxxxxx.xxxxxxxxx@xxxxxxxxxxxxxx.xxx or xxxx.xxxxxxxxx@xxxxxxxxxxxxxx.xxx, fax: +00 000 00 00 0000) (each a "Recipient"). The Agreement will be considered concluded once any of the Recipients has actually received the signed signature page(s) (Zugang der Unterschriftsseite(n)) from all parties to this Agreement and at the time of the receipt of the last outstanding signature page(s).
18.3 For the purposes of this Clause 18 only, the parties to this Agreement appoint each Recipient individually as their attorney (Empfangsvertreter) and expressly allow (gestatten) each Recipient to collect the signed signature page(s) from all and for all parties to this Agreement. For the avoidance of doubt, the Recipients will have no further duties connected with their position as Recipient. In particular, the Recipients may assume the conformity to the authentic original(s) of the signature page(s) transmitted to it by means of telecommunication, the genuineness of all signatures on the original signature page(s) and the signing authority of the signatories. 19245-3-4530-v2.0 - - 24 -- 70-40145101
PART 1 LIST OF CURRENT BORROWERS PART 2 LIST OF CURRENT GUARANTORS, CURRENT OCTOBER 2010 SECURED NOTES GUARANTORS, CURRENT FEBRUARY 2011 SECURED NOTES GUARANTORS, CURRENT AUGUST 2011 SECURED NOTES GUARANTORS AND CURRENT SEPTEMBER 2012 SECURED NOTES GUARANTORS (Sub-) Account No. Bank Sort Code (Bankleitzahl) Name and address of Account Bank Type of account Currency SCHEDULE 2 LIST OF ACCOUNTS
PART 1 LIST OF ACCOUNTS
PART 2 LIST OF EXCLUDED ACCOUNTS SCHEDULE 3 FORM OF NOTICE OF PLEDGE Verpfändungsanzeige Notice of Pledge
