Common use of Execution in Counterparts; Severability Clause in Contracts

Execution in Counterparts; Severability. (a) This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by facsimile or other electronic transmission of an executed counterpart of a signature page to this Amendment shall be effective as delivery of an original executed counterpart of this Amendment. The Agents may also require that any such documents and signatures delivered by facsimile or other electronic transmission be confirmed by a manually signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature delivered by facsimile or other electronic transmission. (b) In the event any one or more of the provisions contained in this Amendment should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Amendment shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.

Execution in Counterparts; Severability. (a) This Amendment Agreement may be executed in one or more counterparts (and by different parties hereto on different counterparts), each of which shall be deemed constitute an original, original but all of which when taken together shall constitute one a single contract, and shall become effective when it shall have been executed by the Borrower, the Administrative Agent and the same instrumentIncremental Term Lender and when the Administrative Agent and the Incremental Term Lender shall have received counterparts hereof which, when taken together, bear the signatures of each of the other parties hereto. Delivery by facsimile or other electronic transmission of an executed counterpart of a signature page to this Amendment Agreement by facsimile transmission or by email as a “.pdf” or “.tif” attachment shall be as effective as delivery of an original executed a manually signed counterpart of this Amendment. The Agents may also require that any such documents and signatures delivered by facsimile or other electronic transmission be confirmed by a manually signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature delivered by facsimile or other electronic transmission.Agreement.. (b) In the event any one or more of the provisions contained in this Amendment Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Amendment Agreement shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.