Common use of Counterparts; Telefacsimile Execution Clause in Contracts

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpart. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall deliver an original executed counterpart of this Amendment, but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 88 contracts

Samples: Credit Agreement (JMP Group Inc.), Loan Agreement (Palm Inc), Credit Agreement (Silicon Graphics Inc)

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Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which which, when taken together together, shall constitute but one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpartAmendment. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original a manually executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall deliver an original a manually executed counterpart of this Amendment, Amendment but the failure to deliver an original a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 50 contracts

Samples: Revolving Credit Agreement (National Technical Systems Inc /Ca/), Revolving Credit Agreement (National Technical Systems Inc /Ca/), Business Financing Agreement (Selectica Inc)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts and by different parties and separate counterparts, each of which when so executed and delivered, shall be deemed an original, and all of which which, when taken together together, shall constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpartinstrument. Delivery of an executed counterpart of a signature page to this Amendment by telefacsimile shall be equally as effective as delivery of an original a manually executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall deliver an original a manually executed counterpart of this Amendment, Amendment but the failure to deliver an original a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 10 contracts

Samples: Loan and Security Agreement (Brio Software Inc), Loan and Security Agreement (3do Co), Loan Agreement (Futurelink Corp)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpart. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall promptly deliver an original executed counterpart of this Amendment, but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 6 contracts

Samples: Loan and Security Agreement (Hudson Highland Group Inc), Loan and Security Agreement (Hudson Highland Group Inc), Loan and Security Agreement (Hudson Highland Group Inc)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts, all of which when taken together shall constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpart. Delivery of an executed counterpart of this Amendment by telefacsimile or electronic mail shall be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile or electronic mail also shall deliver an original executed counterpart of this Amendment, but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 6 contracts

Samples: Credit Agreement (JMP Group Inc.), Credit Agreement (JMP Group LLC), Credit Agreement (JMP Group Inc.)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpart. Delivery of an executed counterpart of this Amendment by telefacsimile or electronic mail shall be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile or electronic mail also shall deliver an original executed counterpart of this Amendment, but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Friendly Ice Cream Corp), Loan and Security Agreement (Majestic Star Casino Capital CORP), Loan and Security Agreement (Majestic Star Casino Capital CORP)

Counterparts; Telefacsimile Execution. This Amendment (including the consents attached hereto) may be executed in any number of separate counterparts, all of which when taken together shall constitute one and the same instrument and any of instrument, admissible into evidence, notwithstanding the fact that all parties hereto may execute this Amendment by signing any such have not signed the same counterpart. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original a manually executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile shall also shall deliver an original a manually executed counterpart of this Amendment, but the failure to deliver an original a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 5 contracts

Samples: Loan and Security Agreement (Play Co Toys & Entertainment Corp), Loan and Security Agreement (Play Co Toys & Entertainment Corp), Loan and Security Agreement (Play Co Toys & Entertainment Corp)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which which, when taken together together, shall constitute but one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpartAmendment. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall deliver an original executed counterpart of this Amendment, Amendment but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 4 contracts

Samples: Loan and Security Agreement (Seitel Inc), Loan and Security Agreement (Seitel Inc), Loan and Security Agreement (Seitel Inc)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, will be deemed to be an original, and all of which which, when taken together shall together, will constitute but one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpartAmendment. Delivery of an executed counterpart of this Amendment by telefacsimile shall will be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall will deliver an original executed counterpart of this Amendment, Amendment but the failure to deliver an original executed counterpart shall will not affect the validity, enforceability, and binding effect of this Amendment. The foregoing shall apply to each other Loan Document MUTATIS MUTANDIS.

Appears in 4 contracts

Samples: Loan and Security Agreement (Harolds Stores Inc), Loan and Security Agreement (Harolds Stores Inc), Loan and Security Agreement (Harolds Stores Inc)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, will be deemed to be an original, and all of which which, when taken together shall together, will constitute but one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpartAmendment. Delivery of an executed counterpart of this Amendment by telefacsimile shall will be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall will deliver an original executed counterpart of this Amendment, Amendment but the failure to deliver an original executed counterpart shall will not affect the validity, enforceability, and binding effect of this Amendment. The foregoing shall apply to each other Loan Document mutatis mutandis.

Appears in 3 contracts

Samples: Loan and Security Agreement (Harolds Stores Inc), Loan and Security Agreement (Harolds Stores Inc), Loan and Security Agreement (Harolds Stores Inc)

Counterparts; Telefacsimile Execution. This Second Amendment may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Second Amendment by signing any such counterpart. Delivery of an executed counterpart of this Second Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Second Amendment. Any party delivering an executed counterpart of this Second Amendment by telefacsimile also shall deliver an original executed counterpart of this Second Amendment, but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Second Amendment.

Appears in 3 contracts

Samples: Loan and Security Agreement (Bakers Footwear Group Inc), Loan Documents (Bakers Footwear Group Inc), Loan Documents (Emrise CORP)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts and by different parties and separate counterparts, each of which when so executed and delivered, shall be deemed an original, and all of which which, when taken together together, shall constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpartagreement. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall deliver an original executed counterpart of this Amendment, but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 3 contracts

Samples: Loan and Security Agreement (Peninsula Gaming Corp), Loan and Security Agreement (Peninsula Gaming Corp), Loan and Security Agreement and Waiver (Peninsula Gaming Corp)

Counterparts; Telefacsimile Execution. This Fifth Amendment may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Fifth Amendment by signing any such counterpart. Delivery of an executed counterpart of this Fifth Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Fifth Amendment. Any party delivering an executed counterpart of this Fifth Amendment by telefacsimile also shall deliver an original executed counterpart of this Fifth Amendment, but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Fifth Amendment.

Appears in 2 contracts

Samples: Loan Documents (Emrise CORP), Loan Documents (Bakers Footwear Group Inc)

Counterparts; Telefacsimile Execution. This Amendment may be executed in ------------------------------------- any number of counterparts, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpart. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall deliver an original executed counterpart of this Amendment, but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 2 contracts

Samples: Loan and Security Agreement (Learningstar Corp), Loan and Security Agreement (Learningstar Corp)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which which, when taken together together, shall constitute but one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpartAgreement. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall deliver an original executed counterpart of this Amendment, Amendment but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 2 contracts

Samples: Loan and Security Agreement (Equifin Inc), Credit Agreement (Phonetel Technologies Inc)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpartdocument. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment amendment by telefacsimile also shall deliver an original executed counterpart of this Amendment, but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 1 contract

Samples: Loan and Security Agreement (Mikohn Gaming Corp)

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Counterparts; Telefacsimile Execution. This Amendment and Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which shall be deemed to be an original, but all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpartagreement. Delivery of an executed counterpart of this Amendment and Agreement by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this AmendmentAmendment and Agreement. Any party delivering an executed counterpart of this Amendment and Agreement by telefacsimile also shall deliver an original executed counterpart of this Amendment, Amendment and Agreement but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this AmendmentAmendment and Agreement.

Appears in 1 contract

Samples: Joinder Agreement (Source Interlink Companies Inc)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts, all each of which taken together shall constitute one and be an original with the same instrument force and any of effect as if the parties signatures thereto and hereto may execute this Amendment by signing any such counterpartwere upon the same instrument. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall deliver an original executed counterpart of this Amendment, but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 1 contract

Samples: Intercreditor Agreement (AGY Holding Corp.)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of two or more counterparts, all of which taken together shall constitute be considered one and the same instrument agreement and any shall become effective when one or more counterparts have been signed by each of the parties hereto may execute this Amendment by signing any such and delivered to the other party, it being understood that all parties need not sign the same counterpart. Delivery of an executed counterpart of a signature page to this Amendment by telefacsimile shall be equally as effective as delivery of an original a manually executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall deliver an original a manually executed counterpart of this Amendment, Amendment but the failure to deliver an original a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 1 contract

Samples: Voting Agreement (McCc ICG Holdings LLC)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which which, when taken together together, shall constitute but one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpartAgreement. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall deliver an original executed counterpart of this Amendment, Amendment but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, enforceability and binding effect of this Amendment. The foregoing shall apply to each other Loan Document mutatis mutandis.

Appears in 1 contract

Samples: Loan and Security Agreement (Abraxas Petroleum Corp)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which shall be deemed to be an original, but all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpartagreement. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall deliver an original executed counterpart of this Amendment, Amendment but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 1 contract

Samples: Loan Agreement (Source Interlink Companies Inc)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which which, when taken together together, shall constitute but one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpart. Amendment, Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original a manually executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile shall also shall deliver an original a manually executed counterpart of this Amendment, Amendment but the failure to deliver an original a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Matrixx Initiatives Inc)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be a part of an original, and all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpartagreement. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as manual delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall manually deliver an original executed counterpart of this Amendment, but the failure to manually deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Newhall Land & Farming Co /Ca/)

Counterparts; Telefacsimile Execution. This Second Amendment may be executed in any number of counterparts, each of which shall be deemed to be a part of an original, and all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpartagreement. Delivery of an executed counterpart of this Second Amendment by telefacsimile shall be equally as effective as manual delivery of an original executed counterpart of this Second Amendment. Any party delivering an executed counterpart of this Second Amendment by telefacsimile also shall manually deliver an original executed counterpart of this Second Amendment, but the failure to manually deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Second Amendment.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Newhall Land & Farming Co /Ca/)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which which, when taken together together, shall constitute but one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpartAmendment. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original a manually executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile shall also shall deliver an original a manually executed counterpart of this Amendment, Amendment but the failure to deliver an original a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 1 contract

Samples: Credit Agreement and Waiver (Matrixx Initiatives Inc)

Counterparts; Telefacsimile Execution. This Amendment may be executed in any number of counterparts, all of which whom taken together shall constitute one and the same instrument and any of the parties hereto may execute this Amendment by signing any such counterpart. Delivery of an executed counterpart of this Amendment by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Amendment. Any party delivering an executed counterpart of this Amendment by telefacsimile also shall deliver an original executed counterpart of this Amendment, but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

Appears in 1 contract

Samples: Loan and Security Agreement (HPSC Inc)

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