Delivery by Facsimile or Electronic Transmission Sample Clauses

Delivery by Facsimile or Electronic Transmission. This Agreement and any signed agreement or instrument entered into in connection with this Agreement, and any amendments or waivers hereto or thereto, to the extent signed and delivered by means of a facsimile machine or by e-mail delivery of a “.pdf” format data file, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine or e-mail delivery of a “.pdf” format data file to deliver a signature to this Agreement or any amendment hereto or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or e-mail delivery of a “.pdf” format data file as a defense to the formation of a contract and each party hereto forever waives any such defense.
Delivery by Facsimile or Electronic Transmission. Delivery of an executed counterpart of a signature page to this Guaranty Supplement by facsimile or electronic transmission (e.g. pdf or tif) shall be effective as delivery of an original executed counterpart of this Guaranty Supplement.
Delivery by Facsimile or Electronic Transmission. This Agreement may be executed by facsimile or .pdf signature and a facsimile or .pdf signature shall constitute an original for all purposes. [Signature Page Follows]
Delivery by Facsimile or Electronic Transmission. This Agreement and any signed agreement entered into in connection herewith or contemplated hereby, and any amendments hereto or thereto, to the extent signed and delivered by means of facsimile or electronic transmission, shall be treated in all manner and respects as an original agreement and shall be considered to have the same binding legal effects as if it were the original signed version thereof delivered in person.
Delivery by Facsimile or Electronic Transmission. This Agreement and any signed agreement or instrument entered into in connection with this Agreement, and any amendments or waivers hereto or thereto, to the extent signed and delivered by means of a facsimile machine or by e-mail delivery of a ".pdf" format data file, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine or e-mail delivery of a ".pdf" format data file to deliver a signature to this Agreement or any amendment hereto or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or e-mail delivery of a ".pdf" format data file as a defense to the formation of a contract and each party hereto forever waives any such defense. MB and TCG have caused this Agreement to be executed by their respective officers thereunto duly authorized as of the date first above written. MB FINANCIAL, INC. By: /s/ XXXXXXXX XXXXXX Name: Xxxxxxxx Xxxxxx Title: President and Chief Executive Officer XXXXXX CAPITAL GROUP, INC. By: /s/ XXXX X. XXXXX Name: Xxxx X. Xxxxx Title: President and Chief Executive Officer VOTING AND SUPPORT AGREEMENT July 14, 2013 MB Financial, Inc. 0000 X. Xxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Ladies and Gentlemen: MB Financial, Inc. ("MB Financial") and Xxxxxx Capital Group, Inc. ("Xxxxxx") have entered into an Agreement and Plan of Merger, dated as of July 14, 2013 (the "Merger Agreement"), pursuant to which, among other things, and subject to the terms and conditions set forth therein, (a) Xxxxxx will merge with and into MB Financial (the "Merger"); and (b) the stockholders of Xxxxxx upon the effectiveness of the Merger will become entitled to receive the consideration specified in the Merger Agreement. MB Financial has requested, as a condition to its execution and delivery to Xxxxxx of the Merger Agreement, that the undersigned execute and deliver to MB Financial this voting and support agreement (this "Voting and Support Agreement"). The undersigned, in order to induce MB Financial to execute and deliver to Xxxxxx the Merger Agreement, and intending to be legally bound, hereby irrevocably:
Delivery by Facsimile or Electronic Transmission. This Agreement and any signed agreement or instrument entered into in connection with this Agreement, and any amendments or waivers hereto or thereto, to the extent signed and delivered by means of a facsimile machine or by e-mail delivery of a “.pdf” format data file, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine or e-mail delivery of a “.pdf” format data file to deliver a signature to this Agreement or any amendment hereto or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or e-mail delivery of a “.pdf” format data file as a defense to the formation of a contract and each party hereto forever waives any such defense. Exhibit A FORM OF AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF THE CHUBB CORPORATION THIS IS TO CERTIFY that The Chubb Corporation, a New Jersey Corporation under and by virtue of the provisions of Title 14A of the Revised Statutes of New Jersey and the several amendments thereof and supplements thereto, does hereby restate and integrate its Certificate of Incorporation, pursuant to Section 14A:9-5 of The New Jersey Business Corporation Act, as follows:
Delivery by Facsimile or Electronic Transmission. This Agreement and any other Transaction Document, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine or other electronic transmission, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effects as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such contract, each other party hereto or thereto shall re-execute original forms thereof and deliver them to all other parties.
Delivery by Facsimile or Electronic Transmission. 69 Exhibit A-1 – Form of Company Voting Agreement Exhibit A-2 – Form of Parent Voting Agreement INDEX OF DEFINED TERMS Page $ 67 Acceptable Confidentiality Agreement 55 Acquisition Proposal 56 affiliate 67 Agreement 1 Articles of Merger 2 Bank Merger 6 Bank Merger Agreement 6 Bank Merger Certificates 6 BHC Act 9 Blue Sky 13 business day 66 Certificate 3 certificates 6 Chosen Courts 67 Closing 2 Closing Date 2 Code 1 Company 1 Company 401(k) Plan 52 Company Bank 6 Company Benefit Plans 18 Company Bylaws 10 Company Charter 10 Company Common Stock 3 Company Contract 22 Company Designees 55 Company Disclosure Schedule 9 Company Equity Awards 4 Company Indemnified Parties 53 Company Insiders 57 Company Meeting 49 Company Option 4 Company Owned Properties 23 Company Qualified Plans 18 Company Real Property 24 Company Regulatory Agreement 22 Company Reports 14 Company Restricted Stock Award 4 Company RSU Award 4 Company Subsidiary 10 Company Voting Agreement 1 Confidentiality Agreement 49 Continuing Employees 51 Controlled Group Liability 18 Data Conversion 58 dollars 67 Effective Time 2 Enforceability Exceptions 12 Environmental Laws 23 ERISA 18 ERISA Affiliate 19 Exchange Act 15 Exchange Agent 6 Exchange Fund 7 Exchange Ratio 3 FDIC 11 Federal Reserve Board 9 GAAP 10 Governmental Entity 13 Intellectual Property 24 IRS 17 Joint Proxy Statement 13 knowledge 66 Liens 11 Loans 25 made available 67 Material Adverse Effect 10 Materially Burdensome Regulatory Condition 48 Merger 2 Merger Consideration 3 Merger Sub 1 Merger Sub Bylaws 6 Merger Sub Certificate 6 Merger Sub Common Stock 5 Multiemployer Plan 19 Multiple Employer Plan 19 Net Share 4 New Plans 51 Notifying Party 54 Parent 1 Parent 401(k) Plan 52 Parent Bank 6 Parent Bylaws 28 Parent Charter 28 Parent Common Stock 3 Parent Common Stock Closing Price 8 Parent Contract 37 Parent Disclosure Schedule 27 Parent Meeting 49 Parent Owned Properties 39 Parent Preferred Stock 29 Parent Real Property 39 Parent Regulatory Agreement 38 Parent Reports 32 Parent Restricted Stock Award 5 Parent RSU Award 5 Parent Stock Issuance 30 Parent Subsidiary 28 Parent Voting Agreement 2 Per Share Cash Consideration 3 Per Share Cash Equivalent Consideration 4 Permitted Encumbrances 24 person 66 Premium Cap 53 Regulatory Agencies 13 Representatives 55 Requisite Company Vote 12 Requisite Parent Vote 30 Requisite Regulatory Approvals 48 X-0 00 Xxxxxxxx-Xxxxx Xxx 14 SEC 13 Securities Act 14 Significant Subsidiaries 60 SRO 13 Stock Award E...
Delivery by Facsimile or Electronic Transmission. For the convenience of the parties, upon execution, this Agreement may be validly delivered by a party by facsimile transmission or by electronic delivery in portable document format (".pdf") or tagged image file format (".tiff") to the other party. A party who delivers the executed Agreement by facsimile transmission or by electronic delivery in .pdf or .tiff format shall, as soon as reasonably practicable, deliver a copy of the executed Agreement bearing the original signature(s) of such party to the other party.
Delivery by Facsimile or Electronic Transmission