Counterparts; Effective Date. This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts and all of said counterparts taken together shall be deemed to constitute one and the same instrument. This Agreement shall become effective upon the receipt by Agent and each Bank of executed counterparts of this Agreement by each of the parties hereto.
Counterparts; Effective Date. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and such counterparts are deemed to constitute but one and the same instrument. CUSTOMER acknowledges that it may not receive a countersigned Agreement from PROCESSOR unless such countersigned Agreement is requested by CUSTOMER. All terms and conditions in this Agreement are deemed accepted by CUSTOMER upon PROCESSOR’s receipt of the Application executed by CUSTOMER and the terms and conditions in this Agreement are deemed accepted by PROCESSOR upon the commencement of its provision of the services.
Counterparts; Effective Date. This Agreement may be signed in any number of separate counterparts, no one of which need contain all of the signatures of the parties, and as many of such counterparts as shall together contain all of the signatures of the parties shall be deemed to constitute one and the same instrument. A set of the counterparts of this Agreement signed by all parties hereto shall be lodged with the Bank. This Agreement shall become effective upon the receipt by the Bank of signed counterparts of this Agreement from each of the parties hereto or telecopy confirmation of the signing of counterparts of this Agreement by each of the parties hereto.
Counterparts; Effective Date. This Agreement may be executed in any number of counterparts, all of which shall constitute one and the same instrument, and any party hereto may execute this Agreement by signing and delivering one or more counterparts. This Agreement shall become effective upon written acceptance by the Firm.
Counterparts; Effective Date. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one agreement. The signature of any party to a counterpart shall be deemed to be a signature to, and may be appended to, any other counterpart. This Agreement is dated and shall be effective among the parties as of the date first above written.
Counterparts; Effective Date. This Amendment may be executed in any number of counterparts, each of which shall constitute an original but all of which when taken together shall constitute one and the same instrument. This Amendment shall become effective as of the date first above written upon receipt by the Bank of counterparts hereof executed by each of the parties hereto.
Counterparts; Effective Date. This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. This Agreement shall be deemed signed and effective on the date that all of the Parties exchange facsimile copies of the executed signature pages, which shall be supplemented by original signatures within seven (7) calendar days after such date.
Counterparts; Effective Date. This Agreement and any amendments, waivers, consents, or supplements hereto may be executed in any number of separate counterparts, no one of which need contain all of the signatures of the parties, and as many of such counterparts as shall together contain all of the signatures of the parties shall be deemed to constitute one and the same instrument. A set of the counterparts of this Agreement signed by all parties hereto shall be delivered to and held by the Agent. This Agreement shall become effective upon the receipt by the Agent of signed counterparts of this Agreement from each of the parties hereto or telecopy confirmation of the signing of counterparts of this Agreement by each of the parties hereto.
Counterparts; Effective Date. This Amendment may be signed in counterparts. This Amendment shall become effective when (i) it has been executed by the Borrower, the Banks, the Additional Banks and the Agents; (ii) the Additional Banks have delivered the Joinders and signature pages to the Credit Agreement to the Agent and the Joinders have been acknowledged and accepted by the Borrower and the Banks, (iii) the Borrower has executed and delivered new Revolving Credit Notes and Supplemental Swing Loan Notes to the Banks and Additional Banks in the amounts of the Revolving Credit Commitments and Supplemental Swing Loan Commitments respectively applicable to each Bank and Additional Bank, as set forth on Schedule 1; and (iv) Borrower has paid to the Agent for the account of each Additional Bank the Closing Fee provided in Section 2.8 of the Credit Agreement. The undersigned have executed this Amendment as of the date first written above. EDUCATION MANAGEMENT CORPORATION By: /s/ Robexx X. XxXxxxxx ------------------------------- Name: Robexx X. XxXxxxxx Title: Executive Vice President and CFO NATIONAL CITY BANK OF PENNSYLVANIA, in its capacity as a Bank, as the Issuing Bank and as the Agent By: /s/ Vincx X. Xxxxx, Xx. --------------------------------------- Name: Vincx X. Xxxxx, Xx. ------------------------------------- Title: Vice President and Regional Manager ------------------------------------ FIRST UNION NATIONAL BANK, in its capacity as a Bank and as Co-Agent By: /s/ Karl X. Xxxxxxx --------------------------------------- Name: Karl X. Xxxxxxx ------------------------------------- Title: Vice President ------------------------------------ [SIGNATURE PAGE 2 OF 2 TO FIRST AMENDMENT TO CREDIT AGREEMENT] BANK ONE, MICHIGAN By: /s/ Richxxx X. Xxxxxxx ------------------------------------ Name: Richxxx X. Xxxxxxx ---------------------------------- Title: First Vice President --------------------------------- CHASE MANHATTAN BANK By: /s/ John Xxxxxx ------------------------------------ Name: John Xxxxxx ---------------------------------- Title: Vice President --------------------------------- SUNTRUST BANK By: /s/ Alan X. Xxxxxx ------------------------------------ Name: Alan X. Xxxxxx ---------------------------------- Title: Managing Director --------------------------------- SCHEDULE 1 COMMITMENT OF BANKS REVOLVING CREDIT SUPPLEMENTAL SWING COMMITMENT BANK COMMITMENT LOAN COMMITMENT PERCENTAGE ---- ---------- --------------- ---------- National City Bank of Pennsylvania $30,000,000 $7,500...
Counterparts; Effective Date. The Effective Date shall be the date that Participant executes this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original as against the Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument.
