Common use of Delivery by Facsimile or PDF Clause in Contracts

Delivery by Facsimile or PDF. This Agreement, the agreements referred to herein, and each other agreement or instrument entered into in connection herewith or therewith or contemplated hereby or thereby, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine, electronic transmission in portable document format (“pdf”) or the electronic matching of terms on the electronic platform DocuSign, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine or electronic transmission in pdf to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or electronic transmission in pdf or through the electronic matching of terms on the electronic platform DocuSign as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.

Delivery by Facsimile or PDF. This AgreementWarrant, the agreements and instruments referred to herein, and each other agreement or instrument entered into in connection herewith or therewith or contemplated hereby or thereby, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine, transmission or electronic transmission in portable document format (“pdf”) or the electronic matching of terms on the electronic platform DocuSign, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto shall re-execute original forms thereof and deliver them to all other parties. Minor variations in the form of any signature page, including footers from earlier versions of this Warrant or any other document, shall be disregarded in determining the Company or the Registered Holder’s intent or the effectiveness of such signature. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine or electronic transmission in pdf format to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or electronic transmission in pdf or through the electronic matching of terms on the electronic platform DocuSign as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.