Common use of Delivery by Facsimile Clause in Contracts

Delivery by Facsimile. This Agreement, and any amendments hereto, to the extent signed and delivered by means of a facsimile machine, 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, each other party hereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto shall raise the use of a facsimile machine to deliver a signature or the fact that this Agreement or any signature was transmitted or communicated through the use of facsimile machine as a defense to the formation of a contract and each such party forever waives any such defense.

Appears in 23 contracts

Samples: Escrow Agreement (GMS Capital Corp.), Escrow Agreement (First Corp /Cn/), Escrow Agreement (E-RenterUSA, Inc.)

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Delivery by Facsimile. This Agreement, and any amendments hereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original contract agreement or instrument and shall be considered to have the same binding legal effects effect as if it were the original signed version thereof delivered in person. At the request of any party heretoparty, each other party hereto shall re-execute reexecute original forms thereof and deliver them to all other parties. No party hereto shall raise the use of a facsimile machine to deliver a signature or the fact that this Agreement or any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.

Appears in 6 contracts

Samples: Preferred Stock Purchase Agreement (Xstream Systems Inc), Securityholders’ Agreement (Xstream Systems Inc), Securityholders’ Agreement (Xstream Systems Inc)

Delivery by Facsimile. This Agreement, Agreement and any amendments hereto, hereto to the extent signed and delivered by means of a facsimile machine, shall will be treated in all manner and respects as an original contract agreement and shall will be considered to have the same binding legal effects effect as if it were the original signed version thereof delivered in person. At the request of any party heretoparty, each other party hereto shall re-execute will reexecute original forms thereof and deliver them to all other parties. No party hereto shall will raise the use of a facsimile machine to deliver a signature or the fact that this Agreement or any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.

Appears in 5 contracts

Samples: Restricted Stock Agreement (Allegiance Telecom Inc), Restricted Stock Agreement (Allegiance Telecom Inc), Restricted Stock Agreement (Allegiance Telecom Inc)

Delivery by Facsimile. This Agreement, Agreement and any amendments hereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original contract agreement or instrument and shall be considered to have the same binding legal effects effect as if it were the original signed version thereof delivered in person. At the request of any party hereto, each other party hereto shall re-execute reexecute original forms thereof and deliver them to all other parties. No party hereto shall raise the use of a facsimile machine to deliver a signature or the fact that this Agreement or any signature was transmitted or communicated through the use of a facsimile machine as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.. * * * * *

Appears in 5 contracts

Samples: Company Warrant Agreement (Rackable Systems, Inc.), Founders Repurchase and Rights Agreement (Rackable Systems, Inc.), Registration Agreement (Rackable Systems, Inc.)

Delivery by Facsimile. This Agreement, Agreement and any amendments hereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original contract agreement or instrument and shall be considered to have the same binding legal effects effect as if it were the original signed version thereof delivered in person. At the request of any party hereto, each other party hereto shall re-execute reexecute original forms thereof and deliver them to all other parties. No party hereto shall raise the use of a facsimile machine to deliver a signature or the fact that this Agreement or any signature was transmitted or communicated through the use of a facsimile machine as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.

Appears in 4 contracts

Samples: Registration Agreement (AmWINS GROUP INC), Registration Rights Agreement (Performant Financial Corp), Management Services Agreement (Advanced Communications Technologies Inc)

Delivery by Facsimile. This Agreement, Agreement and any amendments hereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original contract agreement or instrument and shall be considered to have the same binding legal effects effect as if it were the original signed version thereof delivered in person. At the request of any party hereto, each other party hereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto shall raise the use of a facsimile machine to deliver a signature or the fact that this Agreement or any signature was transmitted or communicated through the use of a facsimile machine as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.. * * * * *

Appears in 2 contracts

Samples: Registration Agreement (Centene Corp), Director Fee Agreement (Milacron Inc)

Delivery by Facsimile. This Agreement, and any amendments hereto, to ----------------------- the extent signed and delivered by means of a facsimile machine, 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, each other party hereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto shall raise the use of a facsimile machine to deliver a signature or the fact that this Agreement or any signature was transmitted or communicated through the use of facsimile machine as a defense to the formation of a contract and each such party forever waives any such defense.

Appears in 2 contracts

Samples: Escrow Agreement (Stanford Management LTD), Escrow Agreement (Stanford Management LTD)

Delivery by Facsimile. This Agreement, and any amendments hereto, to the extent signed and delivered by means of a facsimile machine, 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, each other party hereto shall re-execute original forms thereof and deliver them to all Escrow Agreement other parties. No party hereto shall raise the use of a facsimile machine to deliver a signature or the fact that this Agreement or any signature was transmitted or communicated through the use of facsimile machine as a defense to the formation of a contract and each such party forever waives any such defense.

Appears in 1 contract

Samples: Escrow Agreement (Vsurance)

Delivery by Facsimile. This AgreementAgreement and any signed Contract entered in connection herewith or contemplated hereby, and any amendments heretohereto or thereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original contract 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 heretohereto or to any such Contract, each other party hereto shall re-execute original forms thereof and deliver them or to all other parties. No party hereto any such Contract shall raise the use of a facsimile machine to deliver a signature or the fact that this Agreement or any signature or contract was transmitted or communicated through the use of facsimile machine as a defense to the formation of a contract and each such party forever waives any such defense.

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Obsidian Enterprises Inc)

Delivery by Facsimile. This Agreement, Escrow Agreement and any amendments hereto, to the extent signed and delivered by means of a facsimile machine, 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 heretoParty, each other party Party hereto shall re-execute original forms thereof and deliver them to all other partiesParties. No party Party hereto shall raise the use of a facsimile machine to deliver a signature or the fact that this Agreement or any signature was transmitted or communicated through the use of facsimile machine as a defense to the formation of a contract and each such party forever waives any such defense.

Appears in 1 contract

Samples: Purchase Agreement (Monster Worldwide Inc)

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Delivery by Facsimile. This Agreement, and any amendments hereto, to ----------------------- the extent signed and delivered by means of a facsimile machine, 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, each other party hereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto shall raise the use of a facsimile machine to deliver a signature or the fact that this Agreement or any signature was transmitted or communicated through the use of facsimile machine as a defense to the formation of a contract and each such party forever waives any such defense.. (h)

Appears in 1 contract

Samples: Escrow Agreement (Stanford Management LTD)

Delivery by Facsimile. This Agreement, Agreement and any amendments hereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original contract agreement or instrument and shall be considered to have the same binding legal effects effect as if it were the original signed version thereof delivered in person. At the request of any party hereto, each other party hereto shall re-re execute original forms thereof and deliver them to all other parties. No party hereto shall raise the use of a facsimile machine to deliver a signature or the fact that this Agreement or any signature was transmitted or communicated through the use of a facsimile machine as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.. * * * * *

Appears in 1 contract

Samples: Unit Purchase Agreement (DelStaff, LLC)

Delivery by Facsimile. This Agreement, and any amendments hereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original contract agreement 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, each other party hereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto shall raise the use of a facsimile machine to deliver a signature or the fact that this Agreement or any signature was transmitted or communicated through the use of a facsimile machine as a defense to the formation of a contract an agreement and each such party forever waives any such defense.

Appears in 1 contract

Samples: Advisory Services Agreement (Sirona Dental Systems, Inc.)

Delivery by Facsimile. This Agreement, and any amendments hereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original contract agreement 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, each other party hereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto shall raise the use of a facsimile machine to deliver a signature or the fact that this Agreement or any signature was transmitted or communicated through the use of a facsimile machine as a defense to the formation of a contract an agreement and each such party forever waives any such defense.. * * * * *

Appears in 1 contract

Samples: Purchase Agreement (GTCR Fund Vii/a L P)

Delivery by Facsimile. This Agreement, and any amendments heretoAmendment, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original contract 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 heretoParty hereto or to any such Contract, each other party Party hereto or thereto shall re-execute original forms thereof and deliver them to all other parties. No party Party hereto or to any such Contract shall raise the use of a facsimile machine to deliver a signature or the fact that this Agreement or any signature or Contract was transmitted or communicated through the use of a facsimile machine as a defense to the formation of a contract Contract and each such party Party forever waives any such defense.

Appears in 1 contract

Samples: Asset Purchase Agreement (Conseco Inc)

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