Common use of Execution in Counterparts; Effectiveness Clause in Contracts

Execution in Counterparts; Effectiveness. This Credit Agreement may be executed in any number of counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. Delivery of an executed counterpart of this Credit Agreement by email in a PDF or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Credit Agreement. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Credit Agreement and the transactions contemplated hereby shall be deemed to include electronic signatures, deliveries 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, physical delivery thereof 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; provided that nothing herein shall require the Administrative Agent to accept electronic signatures in any form or format (other than by email in a PDF) without its prior written consent. Any party delivering an executed counterpart of this Credit Agreement by email shall also deliver an original executed counterpart of this Credit Agreement, but failure to do so shall not affect the validity, enforceability or binding effect of this Credit Agreement, and the parties hereby waive any right they may have to object to such treatment.

Appears in 4 contracts

Sources: Credit, Security and Pledge Agreement (Lionsgate Studios Holding Corp.), Credit, Security and Pledge Agreement (Lionsgate Studios Holding Corp.), Credit, Security and Pledge Agreement (Lions Gate Entertainment Corp /Cn/)

Execution in Counterparts; Effectiveness. This Credit Agreement Amendment may be executed in any number of counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute one and the same instrumenta single contract. Delivery of an executed counterpart of a signature page of this Credit Agreement Amendment by email in a PDF facsimile or any other electronic imaging (including in .pdf format) means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Credit AgreementAmendment. The words “execution,” “signed,” “signature,” “delivery,” This Amendment may be in the form of an Electronic Record and words of like import in or relating to any document to may be signed in connection with this Credit Agreement executed using Electronic Signatures (including, without limitation, facsimile and the transactions contemplated hereby .pdf) and shall be deemed to include electronic signaturesconsidered an original, deliveries or the keeping of records in electronic form, each of which and shall be of have the same legal effect, validity or and enforceability as a manually paper record. This Amendment may be executed signature, physical delivery thereof in as many counterparts as necessary or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any Applicable Lawconvenient, including both paper and electronic counterparts, but all such counterparts are one and the Federal Electronic Signatures in Global and National Commerce Actsame Amendment. For the avoidance of doubt, the New York State Electronic Signatures and Records Actauthorization under this paragraph may include, without limitation, use or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require acceptance by the Administrative Agent of a manually signed paper communication which has been converted into electronic form (such as scanned into PDF format), or an electronically signed communication converted into another format, for transmission, delivery and/or retention. The Administrative Agent may, at its option, create one or more copies of this Amendment in the form of an imaged Electronic Record (an “Electronic Copy”), which shall be deemed created in the ordinary course of the Administrative Agent’s business, and destroy the original paper document. This Amendment in the form of an Electronic Record, including an Electronic Copy, shall be considered an original for all purposes, and shall have the same legal effect, validity and enforceability as a paper record. Notwithstanding anything contained herein to the contrary, the Administrative Agent is under no obligation to accept electronic signatures an Electronic Signature in any form or in any format unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, further, without limiting the foregoing, (other than a) to the extent the Administrative Agent has agreed to accept such Electronic Signature, the Administrative Agent shall be entitled to rely on any such Electronic Signature purportedly given by email in or on behalf of any Loan Party without further verification so long as it reasonably believes such Electronic Signature is genuine and (b) upon the request of the Administrative Agent any Electronic Signature shall be promptly followed by a PDF) without its prior written consentmanually executed, original counterpart. Any party delivering an executed counterpart of this Credit Agreement For purposes hereof, “Electronic Record” and “Electronic Signature” shall have the meanings assigned to them, respectively, by email shall also deliver an original executed counterpart of this Credit Agreement15 USC §7006, but failure as it may be amended from time to do so shall not affect the validity, enforceability or binding effect of this Credit Agreement, and the parties hereby waive any right they may have to object to such treatmenttime.

Appears in 3 contracts

Sources: Abl Credit Agreement (Hayward Holdings, Inc.), Abl Credit Agreement (Hayward Holdings, Inc.), Abl Credit Agreement (Hayward Holdings, Inc.)

Execution in Counterparts; Effectiveness. This Credit Agreement Amendment may be executed in any number of counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute one and the same instrumenta single contract. Delivery of an executed counterpart of a signature page of this Credit Agreement Amendment by email in a PDF facsimile or any other electronic imaging (including in .pdf format) means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Credit AgreementAmendment. The words “execution,” “signed,” “signature,” “delivery,” This Amendment may be in the form of an Electronic Record and words of like import in or relating to any document to may be signed in connection with this Credit Agreement executed using Electronic Signatures (including, without limitation, facsimile and the transactions contemplated hereby .pdf) and shall be deemed to include electronic signaturesconsidered an original, deliveries or the keeping of records in electronic form, each of which and shall be of have the same legal effect, validity or and enforceability as a manually paper record. This Amendment may be executed signature, physical delivery thereof in as many counterparts as necessary or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any Applicable Lawconvenient, including both paper and electronic counterparts, but all such counterparts are one and the Federal Electronic Signatures in Global and National Commerce Actsame Amendment. For the avoidance of doubt, the New York State Electronic Signatures and Records Actauthorization under this paragraph may include, without limitation, use or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require acceptance by the Administrative Agent of a manually signed paper communication which has been converted into electronic form (such as scanned into PDF format), or an electronically signed communication converted into another format, for transmission, delivery and/or retention. The Administrative Agent may, at its option, create one or more copies of this Amendment in the form of an imaged Electronic Record (an “Electronic Copy”), which shall be deemed created in the ordinary course of the Administrative Agent’s business, and destroy the original paper document. This Amendment in the form of an Electronic Record, including an Electronic Copy, shall be considered an original for all purposes, and shall have the same legal effect, validity and enforceability as a paper record. Notwithstanding anything contained herein to the contrary, the Administrative Agent is under no obligation to accept electronic signatures an Electronic Signature in any form or in any format unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, further, without limiting the foregoing, (other than a) to the extent the Administrative Agent has agreed to accept such Electronic Signature, the Administrative Agent shall be entitled to rely on any such Electronic Signature purportedly given by email in or on behalf of any Loan Party without further verification so long as it reasonably believes such Electronic Signature is genuine and (b) upon the request of the Administrative Agent any Electronic Signature shall be promptly followed by a PDF) without its prior written consentmanually executed, original counterpart. Any party delivering an executed counterpart of this Credit Agreement by email shall also deliver an original executed counterpart of this Credit Agreement, but failure to do so shall not affect the validity, enforceability or binding effect of this Credit Agreement, and the parties hereby waive any right they may have to object to such treatment.For purposes

Appears in 1 contract

Sources: Abl Credit Agreement (Hayward Holdings, Inc.)

Execution in Counterparts; Effectiveness. This Credit Agreement Amendment may be executed in any number of counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute one and the same instrumenta single contract. Delivery of an executed counterpart of a signature page of this Credit Agreement Amendment by email in a PDF facsimile or any other electronic imaging (including in .pdf format) means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Credit AgreementAmendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import Except as provided in or relating to any document to be signed in connection with Section 5, this Credit Agreement Amendment shall become effective when it shall have been executed by the Borrower, the Administrative Agent and the transactions contemplated hereby Refinancing Term Loan Lenders. This Agreement may be in the form of an Electronic Record and may be executed using Electronic Signatures (including, without limitation, facsimile and .pdf) and shall be deemed to include electronic signaturesconsidered an original, deliveries or the keeping of records in electronic form, each of which and shall be of have the same legal effect, validity or and enforceability as a manually paper record. This Amendment may be executed signature, physical delivery thereof in as many counterparts as necessary or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any Applicable Lawconvenient, including both paper and electronic counterparts, but all such counterparts are one and the Federal Electronic Signatures in Global and National Commerce Actsame Amendment. For the avoidance of doubt, the New York State Electronic Signatures and Records Actauthorization under this paragraph may include, without limitation, use or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require acceptance by the Administrative Agent of a manually signed paper communication which has been converted into electronic form (such as scanned into PDF format), or an electronically signed communication converted into another format, for transmission, delivery and/or retention. The Administrative Agent may, at its option, create one or more copies of this Amendment in the form of an imaged Electronic Record (an “Electronic Copy”), which shall be deemed created in the ordinary course of the Administrative Agent’s business, and destroy the original paper document. This Amendment in the form of an Electronic Record, including an Electronic Copy, shall be considered an original for all purposes, and shall have the same legal effect, validity and enforceability as a paper record. Notwithstanding anything contained herein to the contrary, the Administrative Agent is under no obligation to accept electronic signatures an Electronic Signature in any form or in any format unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, further, without limiting the foregoing, (other than a) to the extent the Administrative Agent has agreed to accept such Electronic Signature, the Administrative Agent shall be entitled to rely on any such Electronic Signature purportedly given by email in or on behalf of any Loan Party without further verification so long as it reasonably believes such Electronic Signature is genuine and (b) upon the request of the Administrative Agent any Electronic Signature shall be promptly followed by a PDF) without its prior written consentmanually executed, original counterpart. Any party delivering an executed counterpart of this Credit Agreement For purposes hereof, “Electronic Record” and “Electronic Signature” shall have the meanings assigned to them, respectively, by email shall also deliver an original executed counterpart of this Credit Agreement15 USC §7006, but failure as it may be amended from time to do so shall not affect the validity, enforceability or binding effect of this Credit Agreement, and the parties hereby waive any right they may have to object to such treatmenttime.

Appears in 1 contract

Sources: First Lien Credit Agreement (Hayward Holdings, Inc.)

Execution in Counterparts; Effectiveness. This Credit Agreement Amendment may be in the form of an Electronic Record and may be executed in any number of counterpartsusing Electronic Signatures (including, each of which shall constitute an originalwithout limitation, but all of which taken together shall constitute one facsimile and the same instrument. Delivery of an executed counterpart of this Credit Agreement by email in a PDF or any other electronic means that reproduces an image of the actual executed signature page .pdf) and shall be effective as delivery of a manually executed counterpart of this Credit Agreement. The words “execution,” “signed,” “signature,” “delivery,” considered an original for all purposes, and words of like import in or relating to any document to be signed in connection with this Credit Agreement and the transactions contemplated hereby shall be deemed to include electronic signatures, deliveries or the keeping of records in electronic form, each of which shall be of have the same legal effect, validity or and enforceability as a manually paper record. This Amendment may be executed signature, physical delivery thereof in as many counterparts as necessary or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any Applicable Lawconvenient, including both paper and electronic counterparts, but all such counterparts are one and the Federal Electronic Signatures in Global and National Commerce Actsame Amendment. For the avoidance of doubt, the New York State Electronic Signatures and Records Actauthorization under this paragraph may include, without limitation, use or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require acceptance by the Administrative Agent of a manually signed paper Communication which has been converted into electronic form (such as scanned into PDF format), or an electronically signed Communication converted into another format, for transmission, delivery and/or retention. Notwithstanding anything contained herein to the contrary, the Administrative Agent is under no obligation to accept electronic signatures an Electronic Signature in any form or in any format unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, further, without limiting the foregoing, (other than a) to the extent the Administrative Agent has agreed to accept such Electronic Signature, the Administrative and each of the Lenders shall be entitled to rely on any such Electronic Signature without further verification and (b) upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by email in a PDF) without its prior written consentmanually executed, original counterpart. Any party delivering an executed counterpart of this Credit Agreement For purposes hereof, “Electronic Record” and “Electronic Signature” shall have the meanings assigned to them, respectively, by email shall also deliver an original executed counterpart of this Credit Agreement15 USC §7006, but failure as it may be amended from time to do so shall not affect the validity, enforceability or binding effect of this Credit Agreement, and the parties hereby waive any right they may have to object to such treatmenttime.

Appears in 1 contract

Sources: Credit Agreement (Mercury Systems Inc)

Execution in Counterparts; Effectiveness. This Credit Agreement Amendment may be executed in any number of counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute one and the same instrumenta single contract. Delivery of an executed counterpart of a signature page of this Credit Agreement Amendment by email in a PDF facsimile or any other electronic imaging (including in .pdf format) means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Credit AgreementAmendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import Except as provided in or relating to any document to be signed in connection with Section 5, this Credit Agreement Amendment shall become effective when it shall have been executed by the Borrower, the Administrative Agent and the transactions contemplated hereby Refinancing Term Loan Lenders. This Agreement may be in the form of an Electronic Record and may be executed using Electronic Signatures (including, without limitation, facsimile and .pdf) and shall be deemed to include electronic signaturesconsidered an original, deliveries or the keeping of records in electronic form, each of which and shall be of have the same legal effect, validity or and enforceability as a manually paper record. This Amendment may be executed signature, physical delivery thereof in as many counterparts as necessary or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any Applicable Lawconvenient, including both paper and electronic counterparts, but all such counterparts are one and the Federal Electronic Signatures in Global and National Commerce Actsame Amendment. For the avoidance of doubt, the New York State Electronic Signatures and Records Actauthorization under this paragraph may include, without limitation, use or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require acceptance by the Administrative Agent of a manually signed paper communication which has been converted into electronic form (such as scanned into PDF format), or an electronically signed communication converted into another format, for transmission, delivery and/or retention. The Administrative Agent may, at its option, create one or more copies of this Amendment in the form of an imaged Electronic Record (an “Electronic Copy”), which shall be deemed created in the ordinary course of the Administrative Agent’s business, and destroy the original paper document. This Amendment in the form of an Electronic Record, including an Electronic Copy, shall be considered an original for all purposes, and shall have the same legal effect, validity and enforceability as a paper record. Notwithstanding anything contained herein to the contrary, the Administrative Agent is under no obligation to accept electronic signatures an Electronic Signature in any form or in any format unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, further, without limiting the foregoing, (other than a) to the extent the Administrative Agent has agreed to accept such Electronic Signature, the Administrative Agent shall be entitled to rely on any such Electronic Signature purportedly given by email in or on behalf of any Loan Party without further verification so long as it reasonably believes such Electronic Signature is genuine and (b) upon the request of the Administrative Agent any Electronic #94508849v9 Signature shall be promptly followed by a PDF) without its prior written consentmanually executed, original counterpart. Any party delivering an executed counterpart of this Credit Agreement For purposes hereof, “Electronic Record” and “Electronic Signature” shall have the meanings assigned to them, respectively, by email shall also deliver an original executed counterpart of this Credit Agreement15 USC §7006, but failure as it may be amended from time to do so shall not affect the validity, enforceability or binding effect of this Credit Agreement, and the parties hereby waive any right they may have to object to such treatmenttime.

Appears in 1 contract

Sources: First Lien Credit Agreement (Hayward Holdings, Inc.)

Execution in Counterparts; Effectiveness. This Credit Agreement Amendment may be executed in any number of counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute one and the same instrumenta single contract. Delivery of an executed counterpart of a signature page of this Credit Agreement Amendment by email in a PDF facsimile or any other electronic imaging (including in .pdf format) means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Credit AgreementAmendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import Except as provided in or relating to any document to be signed in connection with Section 4, this Credit Agreement Amendment shall become effective when it shall have been executed by the Borrower, the Administrative Agent and the transactions contemplated hereby 2020 Incremental Term Lenders. This Agreement may be in the form of an Electronic Record and may be executed using Electronic Signatures (including, without limitation, facsimile and .pdf) and shall be deemed to include electronic signaturesconsidered an original, deliveries or the keeping of records in electronic form, each of which and shall be of have the same legal effect, validity or and enforceability as a manually paper record. This Amendment may be executed signature, physical delivery thereof in as many counterparts as necessary or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any Applicable Lawconvenient, including both paper and electronic counterparts, but all such counterparts are one and the Federal Electronic Signatures in Global and National Commerce Actsame Amendment. For the avoidance of doubt, the New York State Electronic Signatures and Records Actauthorization under this paragraph may include, without limitation, use or any other similar state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require acceptance by the Administrative Agent of a manually signed paper communication which has been converted into electronic form (such as scanned into PDF format), or an electronically signed communication converted into another format, for transmission, delivery and/or retention. The Administrative Agent may, at its option, create one or more copies of this Amendment in the form of an imaged Electronic Record (an “Electronic Copy”), which shall be deemed created in the ordinary course of the Administrative Agent’s business, and destroy the original paper document. This Amendment in the form of an Electronic Record, including an Electronic Copy, shall be considered an original for all purposes, and shall have the same legal effect, validity and enforceability as a paper record. Notwithstanding anything contained herein to the contrary, the Administrative Agent is under no obligation to accept electronic signatures an Electronic Signature in any form or in any format unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, further, without limiting the foregoing, (other than a) to the extent the Administrative Agent has agreed to accept such Electronic Signature, the Administrative Agent shall be entitled to rely on any such Electronic Signature purportedly given by email in or on behalf of any Loan Party without further verification and (b) upon the request of the Administrative Agent any Electronic Signature shall be promptly followed by a PDF) without its prior written consentmanually executed, original counterpart. Any party delivering an executed counterpart of this Credit Agreement For purposes hereof, “Electronic Record” and “Electronic Signature” shall have the meanings assigned to them, respectively, by email shall also deliver an original executed counterpart of this Credit Agreement15 USC §7006, but failure as it may be amended from time to do so shall not affect the validity, enforceability or binding effect of this Credit Agreement, and the parties hereby waive any right they may have to object to such treatmenttime.

Appears in 1 contract

Sources: First Lien Credit Agreement (Hayward Holdings, Inc.)