Common use of Counterparts; Integration; Effectiveness; Electronic Execution Clause in Contracts

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Loan Documents, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 4 contracts

Samples: Loan and Guarantee Agreement, Loan and Guarantee Agreement, Loan and Guarantee Agreement

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Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and Agreement, the other Loan Documents, Documents and the Fee Letters constitute the entire contract among the parties hereto relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereofhereof (including the Executive Summary). Except as provided in Section 4.013.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Kinder Morgan, Inc.), Revolving Credit Agreement (Kinder Morgan, Inc.), Revolving Credit Agreement (Kinder Morgan, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement and any amendments, waivers, consents or supplements hereto may be executed in 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 a single contract. This Agreement and the other Loan Documents, Transaction Documents constitute the entire contract among the parties relating with respect to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereofwith respect thereto. Except as provided in Section 4.01, this This Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, that together bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 3 contracts

Samples: Securities Purchase Agreement (ObsEva SA), Securities Purchase Agreement (ObsEva SA), Securities Purchase Agreement (ObsEva SA)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Loan Documents, and any separate letter agreements with respect to fees payable to the Administrative Agent and/or any Arranger, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.015.1, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 3 contracts

Samples: Unsecured Term Loan Agreement (First Industrial Lp), Unsecured Term Loan Agreement (First Industrial Lp), Term Loan Agreement (First Industrial Lp)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and the other Loan Documents, Documents and any separate letter agreements with respect to fees payable to the Agent or the Arranger constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.013.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of all the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of this Agreement by facsimile facsimile, emailed pdf. or in any other electronic (e.g., “pdf” or “tif”) format means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Madison Square Garden Co), Credit Agreement (Madison Square Garden Co)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement and any amendments, waivers, consents or supplements hereto may be executed in 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 a single contract. This Agreement and the other Loan Transaction Documents, and any separate letter agreements with respect to fees payable to Macquarie, constitute the entire contract among the parties relating with respect to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereofwith respect thereto. Except as provided in Section 4.01, this This Agreement shall become effective when it shall have been executed by the Administrative Agent Macquarie and when the Administrative Agent Macquarie shall have received counterparts hereof that, when taken together, that together bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 3 contracts

Samples: Guaranty (Vertex Energy Inc.), Guaranty (Vertex Energy Inc.), Guaranty (Vertex Energy Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and Agreement, the other Loan Documents, Documents and any separate letter agreements with respect to fees payable to the Administrative Agent constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of this Agreement by facsimile facsimile, e-mailed .pdf or in any other electronic (e.g., “pdf” or “tif”) format means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 2 contracts

Samples: Assignment and Assumption (Southwestern Energy Co), Assignment and Assumption (Southwestern Energy Co)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and Agreement, the other Loan Documents, Documents and any separate letter agreements with respect to fees payable to the Administrative Agent constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of this Agreement by facsimile telecopy, e-mailed .pdf or in any other electronic (e.g., “pdf” or “tif”) format means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Illumina, Inc.), Credit Agreement (Illumina, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and Agreement, the other Loan Documents, Documents and the Fee Letters constitute the entire contract among the parties hereto relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.013.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Kinder Morgan, Inc.), Credit Agreement (Kinder Morgan, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and the other Loan Documents, Documents constitute the entire contract between and among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.013.1, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile telecopy or in other electronic (e.g., “pdf” or “tif”) format transmission shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Agco Corp /De), Credit Agreement (Agco Corp /De)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement and any amendments, waivers, consents or supplements hereto may be executed in 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 a single contract. This Agreement and the other Loan Documents, and any separate letter agreements with respect to fees payable to the Lender, constitute the entire contract among the parties relating with respect to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereofwith respect thereto. Except as provided in Section 4.01, this This Agreement shall become effective when it shall have been executed by the Administrative Agent Lender and when the Administrative Agent Lender shall have received counterparts hereof that, when taken together, that together bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 2 contracts

Samples: Supernova Partners Acquisition Co II, Ltd., Supernova Partners Acquisition Co II, Ltd.

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This a)This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and Agreement, the other Loan Documents, Documents and any separate letter agreements with respect to fees payable to the Administrative Agent constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof, including the commitments of the Lenders and, if applicable, their Affiliates, set forth in any commitment letter entered into in connection herewith (but do not supersede any provisions of any such commitment letter that by their terms survive the effectiveness of this Agreement). Except as provided in Section 4.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in other electronic (e.g., “pdf” or “tif”) format imaging means shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Tupperware Brands Corp), Term Loan Credit Agreement (Tupperware Brands Corp)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Loan Documents, and any separate letter agreements with respect to fees payable to the Administrative Agent, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.017.1, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 2 contracts

Samples: Loan Agreement (Acacia Research Corp), Credit Agreement (Kolibri Global Energy Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in any number of counterparts (and by the different parties hereto in different on separate counterparts), each of which when so executed and delivered shall constitute be an original, but all of which when taken shall together shall constitute a single contractone and the same instrument. This Agreement and the other Loan Credit Documents, and any separate letter agreements with respect to fees payable to Lender, constitute the entire contract among the parties relating with respect to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereofwith respect thereto. Except as provided in Section 4.015 of the Credit Agreement, this Agreement shall become effective when it shall have been executed by the Administrative Agent Lender and when the Administrative Agent Lender shall have received counterparts hereof that, when taken together, that together bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (National Research Corp), Subsidiaries Guaranty (BOSTON OMAHA Corp)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement and any amendments, waivers, consents or supplements hereto may be executed in 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 a single contract. This Agreement and the other Loan Documents, constitute constitutes the entire contract among the parties relating with respect to the subject matter hereof and supersede any and supersedes all previous agreements and understandings, oral or written, relating to the subject matter hereofwith respect thereto. Except as provided in Section 4.01, this This Agreement shall become effective when it shall have been executed by the Administrative Senior Collateral Agent and the Subordinated Lender and when the Administrative Senior Collateral Agent shall have received counterparts hereof that, when taken together, that together bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 2 contracts

Samples: Intercreditor and Subordination Agreement (AG Mortgage Investment Trust, Inc.), Intercreditor and Subordination Agreement (AG Mortgage Investment Trust, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and the other Loan Documents, Documents and any separate letter agreements with respect to fees payable to the Agent or the Arrangers constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.013.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of all the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of this Agreement by facsimile facsimile, emailed pdf. or in any other electronic (e.g., “pdf” or “tif”) format means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (MSG Entertainment Spinco, Inc.), Credit Agreement (MSG Entertainment Spinco, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Loan Documents, and any separate letter agreements with respect to fees payable to the Administrative Agent, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.013.2, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g., e.g. “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (ATN International, Inc.), Credit Agreement (ATN International, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement and any amendments, waivers, consents or supplements hereto may be executed in 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 a single contract. This Agreement and the other Loan Documents, Transaction Documents constitute the entire contract among the parties relating with respect to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereofwith respect thereto. Except as provided in Section 4.01, this This Agreement shall become effective when it shall have been executed by the Administrative Collateral Agent and when the Administrative Collateral Agent shall have received counterparts hereof that, when taken together, that together bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 2 contracts

Samples: Subsidiary Guaranty (Shuttle Pharmaceuticals Holdings, Inc.), Subsidiary Guaranty (Genius Group LTD)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and Agreement, the other Loan Documents, Documents and the Fee Letter constitute the entire contract among the parties hereto relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereofhereof (including the Executive Summary). Except as provided in Section 4.013.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 2 contracts

Samples: Term Loan Agreement (Kinder Morgan, Inc.), Revolving Credit Agreement (Kinder Morgan, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement and any amendments, waivers, consents, or supplements hereto may be executed in 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 a single contract. This Agreement and the other Loan Documents, constitute constitutes the entire contract among the parties relating with respect to the subject matter hereof and supersede any and supersedes all previous agreements and understandings, oral or written, relating to the subject matter hereofwith respect thereto. Except as provided in Section 4.01, this This Agreement shall become effective when [it shall have been executed by the Administrative Agent First Lien Agent[,/ and] the Second Lien Agent[, and the Borrower] and when the Administrative First Lien Agent shall have received counterparts hereof that, when taken together, that together bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile or in electronic (e.g.i.e., "pdf" or "tif") format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Loan Documents, and any separate letter agreements with respect to fees payable to the Agent, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01Article III, this Agreement shall become effective when it shall have has been executed by the Administrative Agent and when the Administrative Agent shall have has received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement or any other Loan Document by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this AgreementAgreement or such other Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Lendway, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Loan Documents, and any separate letter agreements with respect to fees payable to the Administrative Agent, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.015.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Term Loan, Security and Guaranty Agreement (Venoco, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and Agreement, the other Loan Documents, Documents and any separate letter agreements with respect to fees payable to the Administrative Agent or any Joint Lead Arranger constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of this Agreement by facsimile facsimile, e-mailed .pdf or in any other electronic imaging means (e.g., e.g. “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Assignment and Assumption (Southwestern Energy Co)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and Agreement, the other Loan Documents, Documents and the Fee Letter constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g., “pdf” or “tif”) format telecopy shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Department 56 Inc)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement and any amendments, waivers, consents or supplements hereto may be executed in 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 a single contract. This Agreement and the other Loan Transaction Documents, and any separate letter agreements with respect to fees payable to Lender, constitute the entire contract among the parties relating with respect to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereofwith respect thereto. Except as provided in Section 4.01, this This Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent Lender shall have received counterparts hereof that, when taken together, that together bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile or in electronic (e.g.i.e., “pdfpdt” or “tif) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Revett Mining Company, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and Agreement, the other Loan Documents, Documents and the Fee Letter constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01, this Agreement shall become 122 effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g., “pdf” or “tif”) format telecopy shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Lenox Group Inc)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and Agreement, the other Loan Documents, Documents and the Fee Letter and any separate letter agreements with respect to fees payable to the Administrative Agent constitute the entire contract agreement among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01, this This Agreement shall become effective when it shall have has been executed by Holdings, the Borrower and the Administrative Agent and when the Administrative Agent shall have has received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile or in electronic (e.g., by email as a pdf.pdf” or “tif”) format .tif” attachment shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: First Lien Credit Agreement (Waystar Holding Corp.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Loan Documents, Credit Documents constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.014.1, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile telecopy or in other electronic transmission (e.g., “such as pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Old Dominion Freight Line, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Loan Documents, and any separate letter agreements with respect to fees payable to Administrative Agent, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.014.1, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Remora Royalties, Inc.)

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Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Loan Documents, and any separate letter agreements with respect to fees payable to the Administrative Agent, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.014, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Sprout Social, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Loan Credit Documents, and any separate letter agreements with respect to fees payable to the Administrative Agent, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.014.1, this Agreement shall become effective when it shall have been executed by the Administrative Agent 125 and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile telecopy or in electronic (e.g., “pdf” or “tif”) format email shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Arbor Realty Trust Inc)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement and any amendments, waivers, consents or supplements hereto may be executed in 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 a single contract. This Agreement and the other Loan Bond Documents, and any separate letter agreements with respect to fees payable to the Collateral Agent, constitute the entire contract among the parties relating with respect to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereofwith respect thereto. Except as provided in Section 4.01, this This Agreement shall become effective when it shall have been executed by the Administrative Collateral Agent and when the Administrative Collateral Agent shall have received counterparts hereof that, when taken together, that together bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Senior Secured Convertible Note Purchase Agreement (Mynd.ai, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Loan Documents, and any separate letter agreements with respect to fees payable to the Administrative Agent, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.013.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g.i.e., “pdfor “tif) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (USMD Holdings, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and Agreement, the other Loan Documents, Documents and any separate letter agreements with respect to fees payable to the Administrative Agent constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in by sending a scanned copy by electronic (e.g., “pdf” or “tif”) format mail shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Biovail Corp International)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Loan Credit Documents, and any separate letter agreements with respect to fees payable to the Administrative Agent, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.014.1, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile telecopy or in electronic (e.g., “pdf” or “tif”) format email shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Bradley Pharmaceuticals Inc)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and Agreement, the other Loan Documents, Documents and any separate letter agreements with respect to fees 100 payable to the Administrative Agent constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in by sending a scanned copy by electronic (e.g., “pdf” or “tif”) format mail shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Biovail Corp International)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement and any amendments, waivers, consents or supplements hereto may be executed in 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 a single contract. This Agreement and the other Loan Equipment Financing Documents, and any separate letter agreements with respect to fees payable to the Lender, constitute the entire contract among the parties relating with respect to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereofwith respect thereto. Except as provided in Section 4.01, this This Agreement shall become effective when it shall have been executed by the Administrative Agent Lender and when the Administrative Agent Lender shall have received counterparts hereof that, when taken together, that together bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Guaranty (Eos Energy Enterprises, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and Agreement, the other Loan Documents, Documents and the fee letters referred to in Section 2.09(c) constitute the entire contract among the parties hereto relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereofhereof (including the Executive Summary). Except as provided in Section 4.013.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Bridge Credit Agreement (Kinder Morgan, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This a)This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and the other Loan Documents, Documents and any separate letter agreements with respect to fees payable to the Agent or the Arrangers constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.013.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of all the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of this Agreement by facsimile facsimile, emailed pdf. or in any other electronic (e.g., “pdf” or “tif”) format means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Madison Square Garden Co)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Loan Documents, and any separate letter agreements with respect to fees payable to the Administrative Agent and/or the Issuing Bank, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.016.1, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Titan Energy, LLC)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and any separate letter agreements with respect to fees payable to the other Loan Documents, Administrative Agent constitute the entire contract between and among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile or in electronic (e.g., “pdf” or “tif”) format telecopy shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (BlackRock Kelso Capital CORP)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Loan Documents, and any separate letter agreements with respect to fees payable to the Administrative Agent and/or the Arrangers, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.013.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Duke Energy Florida, Llc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Margin Loan Documents, and any separate letter agreements with respect to fees payable to Lender constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01Article 3, this Agreement shall become effective when it shall have been executed by the Administrative Agent Lender and when the Administrative Agent Lender shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Margin Loan Agreement (PW Medtech Group LTD)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and any separate letter agreements with respect to fees payable to the other Loan Documents, Administrative Agent constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in other electronic (e.g., “pdf” or “tif”) format transmission shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Weingarten Realty Investors /Tx/)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in 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 a single contract. This Agreement and the other Loan Documents, and any separate letter agreements with respect to fees payable to the Administrative Agent, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Oneok Inc /New/)

Counterparts; Integration; Effectiveness; Electronic Execution. EXHIBIT 10.14 (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and Agreement, the other Loan Documents, Documents and the Fee Letters constitute the entire contract among the parties hereto relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereofhereof (including the Executive Summary). Except as provided in Section 4.013.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Kinder Morgan, Inc.)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement and any amendments, waivers, consents or supplements hereto may be executed in 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 a single contract. This Agreement and the other Loan Documents, constitute constitutes the entire contract among the parties relating with respect to the subject matter hereof and supersede any and supersedes all previous agreements and understandings, oral or written, relating to the subject matter hereofwith respect thereto. Except as provided in Section 4.01, this This Agreement shall become effective when it shall have been executed by each First Lien Agent, the Administrative Agent Second Lien Agent, each Second Lien Note Holder and Endologix and when the Administrative Agent First Lien Agents shall have received counterparts hereof that, when taken together, that together bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile or in electronic (e.g.i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Endologix Inc /De/)

Counterparts; Integration; Effectiveness; Electronic Execution. (a) Counterparts; Integration; Effectiveness. This Agreement may be executed in counterparts (and by different parties hereto in on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and any separate letter agreements with respect to fees payable to the other Loan Documents, Administrative Agent constitute the entire contract between and among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof thatwhich, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Delivery of an executed counterpart of a signature page of to this Agreement by facsimile or in electronic telecopy electronically (e.g., “e.g. pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

Appears in 1 contract

Samples: Credit Agreement

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