Common use of Counterparts; Delivery by Facsimile Clause in Contracts

Counterparts; Delivery by Facsimile. This Agreement may be executed in multiple counterparts, and by the different parties hereto in separate counterparts, each of which when executed will be deemed to be an original but all of which taken together will constitute one and the same agreement. This Agreement 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 or by electronic mail, 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 mail 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 mail as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.

Appears in 39 contracts

Samples: Agreement and Plan of Merger (Pinacle Enterprise, Inc.), Agreement and Plan of Merger (Amarantus BioSciences, Inc.), Share Exchange Agreement (Diamond Information Institute)

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Counterparts; Delivery by Facsimile. This Agreement may be executed in multiple counterparts, any number of counterparts and by the different parties hereto in separate counterparts, each of which when executed will with the same effect as if all parties had signed the same document. All such counterparts shall be deemed to an original, shall be an original but all of which taken construed together will and shall constitute one and the same agreementinstrument. This Agreement and each other agreement or instrument entered into in connection herewith or therewith or contemplated hereby or therebyhereby, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine or by electronic mailmachine, shall be treated in all manner and respects and for all purposes 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 mail 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 mail as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.

Appears in 2 contracts

Samples: Registration Rights Agreement (RCG Companies Inc), Agreement and Plan of Merger (RCG Companies Inc)

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