Common use of Counterparts; Telefacsimile Execution Clause in Contracts

Counterparts; Telefacsimile Execution. This First 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, when taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this First Amendment by telefacsimile shall be as effective as delivery of a manually executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by telefacsimile also shall deliver a manually executed counterpart of this First Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this First Amendment.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Kayne Fred), Securities Purchase Agreement (Fao Inc), Loan and Security Agreement (Fao Inc)

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Counterparts; Telefacsimile Execution. This First 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, when taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this First Amendment by telefacsimile shall be as effective as delivery of a manually executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by telefacsimile also shall deliver a manually executed counterpart of this First Amendment Amendment, but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this First Amendment.

Appears in 6 contracts

Samples: Loan and Security Agreement (Provell Inc), Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Hypercom Corp)

Counterparts; Telefacsimile Execution. This First 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, when taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this First Amendment by telefacsimile shall be as equally effective as delivery of a manually executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by telefacsimile also shall deliver a manually executed counterpart of this First Amendment Amendment, but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this First Amendment.

Appears in 3 contracts

Samples: Loan and Security Agreement (Brio Software Inc), Loan and Security Agreement and Waiver (Brio Software Inc), Loan and Security Agreement (Brio Software Inc)

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

Appears in 3 contracts

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

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

Appears in 3 contracts

Samples: First Amendment Agreement (Factory Card Outlet Corp), First Amendment Agreement (Factory Card Outlet Corp), First Amendment Agreement (Geac Computer Corp LTD)

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

Appears in 2 contracts

Samples: Second Amendment Agreement (Party City Corp), First Amendment Agreement (Party City Corp)

Counterparts; Telefacsimile Execution. This First 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, when taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this First Amendment by telefacsimile shall be as effective as delivery of a manually executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by telefacsimile also shall deliver a manually executed counterpart of this First Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this First Amendment.

Appears in 2 contracts

Samples: Securities Purchase Agreement (System Software Associates Inc), Financing Agreement (Gulf States Steel Inc /Al/)

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Counterparts; Telefacsimile Execution. This First Second 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, when taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this First Second Amendment by telefacsimile shall be as effective as delivery of a manually executed counterpart of this First Second Amendment. Any party delivering an executed counterpart of this First Second Amendment by telefacsimile also shall deliver a manually executed counterpart of this First Second Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this First Second Amendment.

Appears in 2 contracts

Samples: Loan and Security Agreement (Fao Inc), Loan and Security Agreement (Right Start Inc /Ca)

Counterparts; Telefacsimile Execution. This First 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, when taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this First Amendment by telefacsimile shall be as effective as delivery of a manually executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by telefacsimile also shall deliver a manually executed counterpart of this First Amendment but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability, and binding effect of this First Amendment.

Appears in 1 contract

Samples: Loan and Security Agreement (Hologic Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Deckers Outdoor Corp)

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

Appears in 1 contract

Samples: And Waiver Agreement (Harvey Electronics Inc)

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