Common use of Execution in Counterparts; Severability Clause in Contracts

Execution in Counterparts; Severability. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. Delivery of an executed counterpart of this Agreement by e-mail or facsimile shall be effective as delivery of a manually executed counterpart of this Agreement. The words "executed," "execution," "sign," "signed," "signature" and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement shall include images of manually executed signatures transmitted by facsimile or other electronic format (including, without limitation, "pdf," "tif," "tiff," "jpeg" or "jpg") and other electronic signatures (including, without limitation, Orbit, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act and any other Applicable Law, including, without limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code. In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired thereby.

Appears in 1 contract

Sources: Contribution Agreement (T Series Middle Market Loan Fund LLC)

Execution in Counterparts; Severability. This Agreement Amendment No. 6 may be executed by the parties hereto in separate any number of counterparts, each of which when so executed shall be deemed to be an original and all of which which, when taken together together, shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Agreement Amendment No. 6 by e-mail facsimile transmission or facsimile other electronic transmission (e.g., a “.pdf” or “.tif” file) shall be effective as delivery of a manually executed counterpart of this Agreementhereof. The words "executed," "execution," "sign” “execute," "” “signed," "” “signature" ,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement Amendment No. 6 or any other document to be signed in connection with this Amendment No. 6 and the transactions contemplated hereby shall be deemed to include images electronic signatures, the electronic matching of manually executed signatures transmitted assignment terms and contract formations on electronic platforms approved by facsimile the Administrative Agent, or other the keeping of records in electronic format (includingform, without limitation, "pdf," "tif," "tiff," "jpeg" or "jpg") and other electronic signatures (including, without limitation, Orbit, DocuSign and AdobeSign). The use each of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received or stored by electronic means) which shall be of the same legal effect, validity and or enforceability as a manually executed signature or the use of a paper-based record-keeping system recordkeeping system, as the case may be, to the fullest extent permitted by Applicable Lawand 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 and Act, or any other Applicable Law, including, without limitation, any similar state law laws based on the Uniform Electronic Transactions Act or Act; provided that notwithstanding anything contained herein to the Uniform Commercial Code. In case any provision in or contrary the Administrative Agent is under no obligation under this Agreement shall be invalid, illegal or unenforceable to agree to accept electronic signatures in any jurisdiction, the validity, legality and enforceability of the remaining provisions form or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired therebyformat unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it.

Appears in 1 contract

Sources: Credit Agreement (Builders FirstSource, Inc.)

Execution in Counterparts; Severability. This Agreement Amendment No. 7 may be executed by the parties hereto in separate any number of counterparts, each of which when so executed shall be deemed to be an original and all of which which, when taken together together, shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Agreement Amendment No. 7 by e-mail facsimile transmission or facsimile other electronic transmission (e.g., a “.pdf” or “.tif” file) shall be effective as delivery of a manually executed counterpart of this Agreementhereof. The words "executed," "execution," "sign” “execute," "” “signed," "” “signature" ,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement Amendment No. 7 or any other document to be signed in connection with this Amendment No. 7 and the transactions contemplated hereby shall be deemed to include images electronic signatures, the electronic matching of manually executed signatures transmitted assignment terms and contract formations on electronic platforms approved by facsimile the Administrative Agent, or other the keeping of records in electronic format (includingform, without limitation, "pdf," "tif," "tiff," "jpeg" or "jpg") and other electronic signatures (including, without limitation, Orbit, DocuSign and AdobeSign). The use each of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received or stored by electronic means) which shall be of the same legal effect, validity and or enforceability as a manually executed signature or the use of a paper-based record-keeping system recordkeeping system, as the case may be, to the fullest extent permitted by Applicable Lawand 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 and Act, or any other Applicable Law, including, without limitation, any similar state law laws based on the Uniform Electronic Transactions Act or Act; provided that notwithstanding anything contained herein to the Uniform Commercial Code. In case any provision in or contrary the Administrative Agent is under no obligation under this Agreement shall be invalid, illegal or unenforceable to agree to accept electronic signatures in any jurisdiction, the validity, legality and enforceability of the remaining provisions form or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired therebyformat unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it.

Appears in 1 contract

Sources: Credit Agreement (Builders FirstSource, Inc.)

Execution in Counterparts; Severability. This Agreement Amendment No. 5 may be executed by the parties hereto in separate any number of counterparts, each of which when so executed shall be deemed to be an original and all of which which, when taken together together, shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Agreement Amendment No. 5 by e-mail facsimile transmission or facsimile other electronic transmission (e.g., a “.pdf” or “.tif” file) shall be effective as delivery of a manually executed counterpart of this Agreementhereof. The words "executed," "execution," "sign” “execute," "” “signed," "” “signature" ,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement Amendment No. 5 or any other document to be signed in connection with this Amendment No. 5 and the transactions contemplated hereby shall be deemed to include images electronic signatures, the electronic matching of manually executed signatures transmitted assignment terms and contract formations on electronic platforms approved by facsimile the Administrative Agent, or other the keeping of records in electronic format (includingform, without limitation, "pdf," "tif," "tiff," "jpeg" or "jpg") and other electronic signatures (including, without limitation, Orbit, DocuSign and AdobeSign). The use each of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received or stored by electronic means) which shall be of the same legal effect, validity and or enforceability as a manually executed signature or the use of a paper-based record-keeping system recordkeeping system, as the case may be, to the fullest extent permitted by Applicable Lawand 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 and Act, or any other Applicable Law, including, without limitation, any similar state law laws based on the Uniform Electronic Transactions Act or Act; provided that notwithstanding anything contained herein to the Uniform Commercial Code. In case any provision in or contrary the Administrative Agent is under no obligation under this Agreement shall be invalid, illegal or unenforceable to agree to accept electronic signatures in any jurisdiction, the validity, legality and enforceability of the remaining provisions form or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired therebyformat unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it.

Appears in 1 contract

Sources: Credit Agreement (Builders FirstSource, Inc.)

Execution in Counterparts; Severability. This Agreement Amendment No. 3 may be executed by the parties hereto in separate any number of counterparts, each of which when so executed shall be deemed to be an original and all of which which, when taken together together, shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Agreement Amendment No. 3 by e-mail facsimile transmission or facsimile other electronic transmission (e.g., a “.pdf” or “.tif” file) shall be effective as delivery of a manually executed counterpart of this Agreementhereof. The words "executed," "execution," "sign” “execute," "” “signed," "” “signature" ,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement Amendment No. 3 or any other document to be signed in connection with this Amendment No. 3 and the transactions contemplated hereby shall be deemed to include images electronic signatures, the electronic matching of manually executed signatures transmitted assignment terms and contract formations on electronic platforms approved by facsimile the Administrative Agent, or other the keeping of records in electronic format (includingform, without limitation, "pdf," "tif," "tiff," "jpeg" or "jpg") and other electronic signatures (including, without limitation, Orbit, DocuSign and AdobeSign). The use each of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received or stored by electronic means) which shall be of the same legal effect, validity and or enforceability as a manually executed signature or the use of a paper-based record-keeping system recordkeeping system, as the case may be, to the fullest extent permitted by Applicable Lawand 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 and Act, or any other Applicable Law, including, without limitation, any similar state law laws based on the Uniform Electronic Transactions Act or Act; provided that notwithstanding anything contained herein to the Uniform Commercial Code. In case any provision in or contrary the Administrative Agent is under no obligation under this Agreement shall be invalid, illegal or unenforceable to agree to accept electronic signatures in any jurisdiction, the validity, legality and enforceability of the remaining provisions form or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired therebyformat unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it.

Appears in 1 contract

Sources: Credit Agreement (Builders FirstSource, Inc.)

Execution in Counterparts; Severability. This Agreement Amendment No. 8 may be executed by the parties hereto in separate any number of counterparts, each of which when so executed shall be deemed to be an original and all of which which, when taken together together, shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Agreement Amendment No. 8 by e-mail facsimile transmission or facsimile other electronic transmission (e.g., a “.pdf” or “.tif” file) shall be effective as delivery of a manually executed counterpart of this Agreementhereof. The words "executed," "execution," "sign” “execute," "” “signed," "” “signature" ,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement Amendment No. 8 or any other document to be signed in connection with this Amendment No. 8 and the transactions contemplated hereby shall be deemed to include images electronic signatures, the electronic matching of manually executed signatures transmitted assignment terms and contract formations on electronic platforms approved by facsimile the Administrative Agent, or other the keeping of records in electronic format (includingform, without limitation, "pdf," "tif," "tiff," "jpeg" or "jpg") and other electronic signatures (including, without limitation, Orbit, DocuSign and AdobeSign). The use each of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received or stored by electronic means) which shall be of the same legal effect, validity and or enforceability as a manually executed signature or the use of a paper-based record-keeping system recordkeeping system, as the case may be, to the fullest extent permitted by Applicable Lawand 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 and Act, or any other Applicable Law, including, without limitation, any similar state law laws based on the Uniform Electronic Transactions Act or Act; provided that notwithstanding anything contained herein to the Uniform Commercial Code. In case any provision in or contrary the Administrative Agent is under no obligation under this Agreement shall be invalid, illegal or unenforceable to agree to accept electronic signatures in any jurisdiction, the validity, legality and enforceability of the remaining provisions form or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired therebyformat unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it.

Appears in 1 contract

Sources: Credit Agreement (Builders FirstSource, Inc.)

Execution in Counterparts; Severability. This Agreement Amendment No. 4 may be executed by the parties hereto in separate any number of counterparts, each of which when so executed shall be deemed to be an original and all of which which, when taken together together, shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Agreement Amendment No. 4 by e-mail facsimile transmission or facsimile other electronic transmission (e.g., a “.pdf” or “.tif” file) shall be effective as delivery of a manually executed counterpart of this Agreementhereof. The words "executed," "execution," "sign” “execute," "” “signed," "” “signature" ,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement Amendment No. 4 or any other document to be signed in connection with this Amendment No. 4 and the transactions contemplated hereby shall be deemed to include images electronic signatures, the electronic matching of manually executed signatures transmitted assignment terms and contract formations on electronic platforms approved by facsimile the Administrative Agent, or other the keeping of records in electronic format (includingform, without limitation, "pdf," "tif," "tiff," "jpeg" or "jpg") and other electronic signatures (including, without limitation, Orbit, DocuSign and AdobeSign). The use each of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received or stored by electronic means) which shall be of the same legal effect, validity and or enforceability as a manually executed signature or the use of a paper-based record-keeping system recordkeeping system, as the case may be, to the fullest extent permitted by Applicable Lawand 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 and Act, or any other Applicable Law, including, without limitation, any similar state law laws based on the Uniform Electronic Transactions Act or Act; provided that notwithstanding anything contained herein to the Uniform Commercial Code. In case any provision in or contrary the Administrative Agent is under no obligation under this Agreement shall be invalid, illegal or unenforceable to agree to accept electronic signatures in any jurisdiction, the validity, legality and enforceability of the remaining provisions form or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired therebyformat unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it.

Appears in 1 contract

Sources: Credit Agreement (Builders FirstSource, Inc.)