Common use of Effectiveness; Counterparts Clause in Contracts

Effectiveness; Counterparts. This Amendment Agreement shall become effective when the Administrative Agent (or its counsel) shall have received from Xxxxx 0, each Borrower and Lenders constituting the Required Lenders either (i) counterparts of this Agreement signed on behalf of such party or (ii) written evidence satisfactory to the Agent (which may include telecopy transmission of a signed signature page of this Agreement) that such party has signed counterparts of this Agreement. This Amendment Agreement may not be amended nor may any provision hereof be waived except pursuant to a writing signed by Xxxxx 0, each of the Borrowers, the Agent and Lenders constituting the Required Lenders. This Amendment Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which when taken together shall constitute but one contract. Delivery of an executed counterpart of a signature page of this Amendment Agreement by telecopy shall be effective as delivery of a manually executed counterpart of this Amendment Agreement.

Appears in 1 contract

Samples: Execution Copy (Level 3 Communications Inc)

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Effectiveness; Counterparts. This Amendment Agreement shall become effective when counterparts hereof which, when taken together, bear the signatures of each of the Loan Parties, the Administrative Agent (or its counsel) shall have received from Xxxxx 0Agent, each Borrower and Lenders constituting the Required Lenders either (i) counterparts and the Revolving Lenders, shall have been received by the Administrative Agent. The failure of any Term Lender to sign a counterpart of this Agreement signed on behalf of such party or (ii) written evidence satisfactory to shall not limit the Agent (which may include telecopy transmission of a signed signature page of this Agreement) that such party has signed counterparts effectiveness of this Agreement. This Amendment Agreement may not be amended nor may any provision hereof be waived except pursuant to a writing signed by Xxxxx 0, each of the BorrowersLoan Parties, the Agent and Lenders constituting Administrative Agent, the Required Lenders and the Revolving Lenders. This Amendment Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which when taken together shall constitute but one contract. Delivery of an executed counterpart of a signature page of this Amendment Agreement by telecopy shall be effective as delivery of a manually executed counterpart of this Amendment Agreement.

Appears in 1 contract

Samples: Credit Agreement (Gibraltar Industries, Inc.)

Effectiveness; Counterparts. This Amendment Agreement shall become effective when copies hereof which, when taken together, bear the signatures of each of the Borrowers, the Administrative Agent (or its counsel) shall have received from Xxxxx 0Agent, each Borrower the Tranche C Term Loan Lenders and Revolving Lenders constituting the Required Revolving Lenders either (i) counterparts of this Agreement signed on behalf of such party or (ii) written evidence satisfactory to shall have been received by the Agent (which may include telecopy transmission of a signed signature page of this Agreement) that such party has signed counterparts of this AgreementAdministrative Agent. This Amendment Agreement may not be amended nor may any provision hereof be waived except pursuant to a writing signed by Xxxxx 0, each of the Borrowers, the Agent Administrative Agent, the Tranche C Term Loan Lenders and Revolving Lenders constituting the Required Revolving Lenders. This Amendment Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which when taken together shall constitute but one contract. Delivery of an executed counterpart of a signature page of this Amendment Agreement by telecopy shall be effective as delivery of a manually executed counterpart of this Amendment Agreement.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Alliant Techsystems Inc)

Effectiveness; Counterparts. This Amendment Agreement shall become effective when copies hereof which, when taken together, bear the signatures of each of (a) Holdings, the Borrower and the Administrative Agent Agent, (or its counselb) shall have received from Xxxxx 0, each Borrower the Tranche B Lenders under the Restated Credit Agreement and Lenders (c) lenders constituting the Required Lenders either (i) counterparts of this under the Original Credit Agreement signed on behalf of such party or (ii) written evidence satisfactory to the Agent (which may include telecopy transmission certain of a signed signature page of this the Tranche B Lenders under the Restated Credit Agreement) that such party has signed counterparts of this shall have been received by the revolving lenders under the Original Credit Agreement. This Amendment Agreement may not be amended nor may any provision hereof be waived except pursuant to a writing signed ) shall have been received by Xxxxx 0, each of the Borrowers, the Agent and Lenders constituting the Required LendersAdministrative Agent. This Amendment Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which when taken together shall constitute but one contract. Delivery of an executed counterpart of a signature page of this Amendment Agreement by telecopy shall be effective as delivery of a manually executed counterpart of this Amendment Agreement.

Appears in 1 contract

Samples: Credit Agreement (Kansas City Southern)

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Effectiveness; Counterparts. This Amendment Agreement shall become effective when copies hereof which, when taken together, bear the Administrative Agent (or its counsel) shall have received from Xxxxx 0signatures of each of the Company, each Borrower Borrowing Subsidiary, the Agent, each of the Continuing Lenders and Lenders constituting the Required Lenders either (i) counterparts of this under and as defined in the Existing Term Loan Agreement signed on behalf of such party or (ii) written evidence satisfactory to shall have been received by the Agent (which may include telecopy transmission of a signed signature page of this Agreement) that such party has signed counterparts of this AgreementAgent. This Amendment Agreement may not be amended nor may any provision hereof be waived except pursuant to a writing signed by Xxxxx 0the Company, each of the BorrowersBorrowing Subsidiaries, the Agent and Lenders constituting the Required Continuing Lenders. This Amendment Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which when taken together shall constitute but one contract. Delivery of an executed counterpart of a signature page of this Amendment Agreement by telecopy shall be effective as delivery of a manually executed counterpart of this Amendment Agreement.

Appears in 1 contract

Samples: Execution Version (Readers Digest Association Inc)

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