Common use of Delivery by Facsimile or PDF Clause in Contracts

Delivery by Facsimile or PDF. This Guaranty and any amendments hereto, to the extent signed and delivered by means of a facsimile machine or electronic transmission in portable document format (pdf), shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. The Guarantor shall not raise the use of a facsimile machine or electronic transmission in pdf to deliver a signature or the fact that any signature was transmitted or communicated through such means as a defense to the enforceability of this Guaranty and the Guarantor forever waives any such defense. Portions of this Exhibit, indicated by the ▇▇▇▇ “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (NRG Yield, Inc.), Purchase and Sale Agreement