Counterparts; Telefacsimile Execution. This First Amendment may be executed in any number of counterparts and by different parties and separate counterparts, each of which when so executed and delivered, shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this First Amendment by telefacsimile shall be as effective as delivery of a manually executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by telefacsimile also shall deliver a manually executed counterpart of this First Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this First Amendment.
Appears in 7 contracts
Sources: Securities Purchase Agreement (Saks Inc), Securities Purchase Agreement (Kayne Fred), Securities Purchase Agreement (Fao Inc)
Counterparts; Telefacsimile Execution. This First Amendment may be executed in any number of counterparts and by different parties and separate counterparts, each of which when so executed and delivered, shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this First Amendment by telefacsimile or electronic mail shall be as effective as delivery of a manually executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by telefacsimile or electronic mail also shall deliver a manually executed counterpart of this First Amendment Amendment, but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this First Amendment.
Appears in 7 contracts
Sources: Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Acme Communications Inc)
Counterparts; Telefacsimile Execution. This First Amendment may be executed in any number of counterparts and by different parties and separate counterparts, each of which when so executed and delivered, shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this First Amendment by telefacsimile shall be as effective as delivery of a manually executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by telefacsimile also shall deliver a manually executed counterpart of this First Amendment Amendment, but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this First Amendment.
Appears in 6 contracts
Sources: Loan and Security Agreement (Provell Inc), Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Sholodge Inc)
Counterparts; Telefacsimile Execution. This First Amendment may be executed in any number of counterparts and by different parties and separate counterparts, each of which when so executed and delivered, delivered shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this First Amendment by telefacsimile shall be as effective as delivery of a manually executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by telefacsimile also shall deliver a manually executed counterpart of this First Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this First Amendment.
Appears in 3 contracts
Sources: First Amendment Agreement (Factory Card Outlet Corp), Loan and Security Agreement (Factory Card Outlet Corp), First Amendment Agreement (Geac Computer Corp LTD)
Counterparts; Telefacsimile Execution. This First Amendment may be executed in any number of counterparts and by different parties and separate counterparts, each of which when so executed and delivered, shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this First Amendment by telefacsimile shall be as equally effective as delivery of a manually executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by telefacsimile also shall deliver a manually executed counterpart of this First Amendment Amendment, but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this First Amendment.
Appears in 3 contracts
Sources: Loan and Security Agreement (Brio Software Inc), Loan and Security Agreement (Brio Software Inc), Loan and Security Agreement (Brio Software Inc)
Counterparts; Telefacsimile Execution. This First Amendment may be executed ------------------------------------- in any number of counterparts and by different parties and separate counterparts, each of which when so executed and delivered, shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this First Amendment by telefacsimile shall be as effective as delivery of a manually executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by telefacsimile also shall deliver a manually executed counterpart of this First Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this First Amendment.
Appears in 2 contracts
Sources: Securities Purchase Agreement (System Software Associates Inc), Financing Agreement (Gulf States Steel Inc /Al/)
Counterparts; Telefacsimile Execution. This First Amendment may be executed in any number of counterparts and by different parties and hereto in separate counterparts, each of which when so executed and delivered, shall be deemed to be an original, original and all of which, when which taken together, together shall constitute but one and the same instrumentagreement. Delivery of an executed counterpart of a signature page to this First Amendment by telefacsimile or other electronic method of transmission shall be as equally effective as delivery of a manually an original executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by telefacsimile or other electronic method of transmission also shall deliver a manually an original executed counterpart of this First Amendment but the failure to deliver a manually an original executed counterpart shall not affect the validity, enforceability, and binding bind effect of this First Amendment.
Appears in 2 contracts
Sources: Credit Agreement (Orion Healthcorp Inc), Credit Agreement (Orion Healthcorp Inc)
Counterparts; Telefacsimile Execution. This First Amendment may be executed in any number of counterparts and by different parties and separate counterparts, each of which when so executed and delivered, shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this First Amendment or Consent by telefacsimile shall be as effective as delivery of a manually executed counterpart of this First AmendmentAmendment or such Consent. Any party delivering an executed counterpart of this First Amendment or the Consent by telefacsimile also shall deliver a manually executed counterpart of this First Amendment or Consent, as applicable, but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this First AmendmentAmendment or the Consent.
Appears in 2 contracts
Sources: Loan and Security Agreement (Provell Inc), Loan and Security Agreement (Sholodge Inc)
Counterparts; Telefacsimile Execution. This First Amendment may be executed in any number of counterparts and by different parties and hereto in separate counterparts, each of which when so executed and delivered, shall be deemed to be an original, and but all of which, when which taken together, together shall constitute one and the same instrumentagreement. Delivery of an executed counterpart of a signature page to this First Amendment by telefacsimile or electronic mail shall be equally as effective as delivery of a manually an original executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by telefacsimile or electronic mail also shall deliver a manually an original executed counterpart of this First Amendment but the failure to deliver a manually an original executed counterpart shall not affect the validity, enforceability, and binding effect of this First Amendment.
Appears in 1 contract
Counterparts; Telefacsimile Execution. This First Amendment may be executed in any number of counterparts and by different parties and on separate counterparts, each of which which, when so executed and delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same instrumentAmendment. Delivery of an executed counterpart of a signature page to this First Amendment by telefacsimile shall be equally as effective as delivery of a manually executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by telefacsimile shall also shall deliver a manually executed counterpart of this First Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this First Amendment.
Appears in 1 contract
Counterparts; Telefacsimile Execution. This First Amendment may be executed in any number of counterparts and by different parties and on separate counterparts, each of which which, when so executed and delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same instrument. Amendment, Delivery of an executed counterpart of a signature page to this First Amendment by telefacsimile shall be equally as effective as delivery of a manually executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by telefacsimile shall also shall deliver a manually executed counterpart of this First Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this First Amendment.
Appears in 1 contract