Electronic Transmission of Reports Sample Clauses

Electronic Transmission of Reports. Notwithstanding anything herein to the contrary, the Monthly Reports, Collateral Reports and other reports with respect to Collateral delivered by the Borrowers to Agent may be sent, for receipt by Agent by the time specified or required pursuant to the terms of this Agreement, by electronic transmission (in lieu of other written forms), provided that (i) the form of such electronic transmission shall be reasonably acceptable to Agent; (ii) the electronic transmission shall contain the electronically transmitted signature of an Authorized Officer of such Borrower; and (iii) the form of such electronic transmission shall contain the following legend: Pursuant to, and in accordance with, the terms and provisions of that certain Amended and Restated Loan and Security Agreement (the "Agreement") dated as of August 7, 1996 between American National Bank and Trust Company of Chicago, as Agent ("Agent"), ABC Rail Products Corporation, a Delaware corporation and certain other parties, the undersigned Borrower (as defined in the Agreement), is executing and delivering by electronic transmission to Agent this report accompanied by supporting data (collectively referred to as the "Report"). Borrower warrants and represents to Agent that the Report is true, correct and based on information contained in Borrower's own financial accounting records. Borrower, by the execution of the Report, hereby ratifies, confirms and affirms all of the terms, conditions and provisions of the Agreement, and further certifies on this day of _______________, ________, that Borrower is in compliance with the Agreement. The Authorized Officer whose name is written below hereby adopts such written name as his signature with present intention to authenticate a writing.
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Electronic Transmission of Reports. Notwithstanding anything herein to the contrary, the Monthly Reports, Collateral Reports and other reports with respect to Collateral delivered by Borrower to Administrative Agent may be sent, for receipt by Administrative Agent by the time specified or required pursuant to the terms of this Agreement, by electronic transmission (in lieu of other written forms), provided that (i) the form of such electronic transmission shall be reasonably acceptable to Administrative Agent; (ii) the electronic transmission shall contain the electronically transmitted signature of a Responsible Officer of Borrower; and (iii) the form of such electronic transmission shall contain the following legend: Pursuant to, and in accordance with, the terms and provisions of that certain First Amended and Restated Credit Agreement (the "Agreement") dated as of May 17, 2000 among Ultrak Operating, L.P. ("Borrower"), Ultrak, Inc. ("Parent"), the Lenders named therein and American National Bank and Trust Company of Chicago, as Administrative Agent for Lenders ("Administrative Agent"), Borrower is executing and delivering by electronic transmission to Administrative Agent this report accompanied by supporting data (collectively referred to as the "Report"). Borrower warrants and represents to Administrative Agent and Lenders that the Report is true, correct and based on information contained in Borrower's own financial accounting records. Borrower, by the execution of the Report, hereby ratifies, confirms and affirms all of the terms, conditions and provisions of the Agreement, and further certifies on this day of , , that Borrower is in compliance with the Agreement. The Responsible Officer whose name is written below hereby adopts such written name as his signature with present intention to authenticate a writing.
Electronic Transmission of Reports. Notwithstanding anything herein to the contrary, the Monthly Reports, Collateral Reports and other reports with respect to Collateral delivered by Borrower to Administrative Agent may be sent, for receipt by Administrative Agent by the time specified or required pursuant to the terms of this Agreement, by electronic transmission (in lieu of other written forms), provided that (i) the form of such electronic transmission shall be reasonably acceptable to Administrative Agent; (ii) the electronic transmission shall contain the electronically transmitted signature of a Responsible Officer of Borrower; and (iii) the form of such electronic transmission shall contain the following legend: Pursuant to, and in accordance with, the terms and provisions of that certain Amended and Restated Credit Agreement (the "Agreement") dated as of March ___, 2000 among Ultrak Operating, L.P. AMENDED AND RESTATED CREDIT AGREEMENT AMERICAN NATIONAL BANK Page 47 ULTRAK OPERATING, L.P. ("Borrower"), Ultrak, Inc. ("Parent"), the Lenders named therein and American National Bank and Trust Company of Chicago, as Administrative Agent for Lenders ("Administrative Agent"), Borrower is executing and delivering by electronic transmission to Administrative Agent this report accompanied by supporting data (collectively referred to as the "Report"). Borrower warrants and represents to Administrative Agent and Lenders that the Report is true, correct and based on information contained in Borrower's own financial accounting records. Borrower, by the execution of the Report, hereby ratifies, confirms and affirms all of the terms, conditions and provisions of the Agreement, and further certifies on this day of , , that Borrower is in compliance with the Agreement. The Responsible Officer whose name is written below hereby adopts such written name as his signature with present intention to authenticate a writing.

Related to Electronic Transmission of Reports

  • Counterparts; Electronic Transmission (a) This Agreement may be executed in multiple counterparts. Each counterpart will be an original and all counterparts will together be one document. Delivery of an executed counterpart of a signature page of this Agreement by telecopy, e-mailed .pdf or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Agreement and the transactions contemplated hereby shall be deemed to include electronic signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act or any other similar state laws based on the Uniform Electronic Transactions Act.

  • Delivery by Electronic Transmission This Agreement and any signed agreement or instrument entered into in connection with this Agreement or contemplated hereby, and any amendments hereto or thereto, to the extent signed and delivered by means of an electronic transmission, including by a facsimile machine or via email, 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. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of electronic transmission by a facsimile machine or via email to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through such electronic transmission as a defense to the formation of a contract and each such party forever waives any such defense.

  • 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.

  • Electronic Transmissions (a) Each of the Agent, the Credit Parties, the Lenders, and each of their Affiliates is authorized (but not required) to transmit, post or otherwise make or communicate, in its sole discretion, Electronic Transmissions in connection with any Loan Document and the transactions contemplated therein. The Borrower and each other Credit Party hereby acknowledges and agrees that the use of Electronic Transmissions is not necessarily secure and that there are risks associated with such use, including risks of interception, disclosure and abuse and each indicates it assumes and accepts such risks by hereby authorizing the transmission of Electronic Transmissions.

  • Electronic Transmission For purposes of these Bylaws, “electronic transmission” means any form of communication, not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process.

  • Delivery by Electronic Transmission or Otherwise Notwithstanding any provision in this Trust Instrument to the contrary, any notice, proxy, vote, consent, instrument or writing of any kind referenced in, or contemplated by, this Trust Instrument or the By-laws may, as determined by the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Act), including via the internet, or in any other manner permitted by applicable law.

  • Electronic Transfer Electronic transfer of the Offered Securities shall be made at the time of purchase in such names and in such denominations as the Representative shall specify.

  • Electronic Execution; Electronic Records; Counterparts This Agreement, any Loan Document and any other Communication, including Communications required to be in writing, may be in the form of an Electronic Record and may be executed using Electronic Signatures. Each of the Borrowers and each of the Administrative Agent and each Credit Party agrees that any Electronic Signature on or associated with any Communication shall be valid and binding on such Person to the same extent as a manual, original signature, and that any Communication entered into by Electronic Signature, will constitute the legal, valid and binding obligation of such Person enforceable against such Person in accordance with the terms thereof to the same extent as if a manually executed original signature was delivered. Any Communication may be executed in as many counterparts as necessary or convenient, including both paper and electronic counterparts, but all such counterparts are one and the same Communication. For the avoidance of doubt, the authorization under this paragraph may include, without limitation, use or acceptance of a manually signed paper Communication which has been converted into electronic form (such as scanned into .pdf format), or an electronically signed Communication converted into another format, for transmission, delivery and/or retention. The Administrative Agent and each of the Credit Parties may, at its option, create one or more copies of any Communication in the form of an imaged Electronic Record (“Electronic Copy”), which shall be deemed created in the ordinary course of such Person’s business, and destroy the original paper document. All Communications in the form of an Electronic Record, including an Electronic Copy, shall be considered an original for all purposes, and shall have the same legal effect, validity and enforceability as a paper record. Notwithstanding anything contained herein to the contrary, neither the Administrative Agent, the L/C Issuers nor Swing Line Lender is under any obligation to accept an Electronic Signature in any form or in any format unless expressly agreed to by such Person pursuant to procedures approved by it; provided, further, without limiting the foregoing, (a) to the extent the Administrative Agent, L/C Issuers and/or Swing Line Lender has agreed to accept such Electronic Signature, the Administrative Agent and each of the Credit Parties shall be entitled to rely on any such Electronic Signature purportedly given by or on behalf of any Borrower and/or any Credit Party without further verification and (b) upon the request of the Administrative Agent or any Credit Party, any Electronic Signature shall be promptly followed by such manually executed counterpart. Neither the Administrative Agent, L/C Issuers nor Swing Line Lender shall be responsible for or have any duty to ascertain or inquire into the sufficiency, validity, enforceability, effectiveness or genuineness of any Loan Document or any other agreement, instrument or document (including, for the avoidance of doubt, in connection with the Administrative Agent’s, L/C Issuers’ or Swing Line Lender’s reliance on any Electronic Signature transmitted by telecopy, emailed .pdf or any other electronic means). The Administrative Agent, L/C Issuers and Swing Line Lender shall be entitled to rely on, and shall incur no liability under or in respect of this Agreement or any other Loan Document by acting upon, any Communication (which writing may be a fax, any electronic message, Internet or intranet website posting or other distribution or signed using an Electronic Signature) or any statement made to it orally or by telephone and reasonably believed by it to be genuine and signed or sent or otherwise authenticated (whether or not such Person in fact meets the requirements set forth in the Loan Documents for being the maker thereof). Each of the Borrowers and each Credit Party hereby waives (i) any argument, defense or right to contest the legal effect, validity or enforceability of this Agreement and any other Loan Document based solely on the lack of paper original copies of this Agreement and/or such other Loan Document, and (ii) any claim against the Administrative Agent, each Credit Party and each Related Party for any liabilities arising solely from the Administrative Agent’s and/or any Credit Party’s reliance on or use of Electronic Signatures, including any liabilities arising as a result of the failure of the Borrowers to use any available security measures in connection with the execution, delivery or transmission of any Electronic Signature.

  • Counterparts; Electronic Delivery This Agreement may be executed in multiple counterparts, each of which when executed shall be deemed to be an original, but all of which together shall constitute one and the same agreement. Execution and delivery of this Agreement or any other documents pursuant to this Agreement by facsimile or other electronic means shall be deemed to be, and shall have the same legal effect as, execution by an original signature and delivery in person.

  • Consent to Electronic Delivery; Electronic Signature In lieu of receiving documents in paper format, you agree, to the fullest extent permitted by law, to accept electronic delivery of any documents that the Company may be required to deliver (including, but not limited to, prospectuses, prospectus supplements, grant or award notifications and agreements, account statements, annual and quarterly reports and all other forms of communications) in connection with this and any other award made or offered by the Company. Electronic delivery may be via a Company electronic mail system or by reference to a location on a Company intranet to which you have access. You hereby consent to any and all procedures the Company has established or may establish for an electronic signature system for delivery and acceptance of any such documents that the Company may be required to deliver, and agrees that his or her electronic signature is the same as, and shall have the same force and effect as, his or her manual signature.

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