Common use of Entire Agreement; Counterparts; Exchanges by Facsimile or Electronic Delivery Clause in Contracts

Entire Agreement; Counterparts; Exchanges by Facsimile or Electronic Delivery. This Agreement (including all Exhibits and Schedules hereto) constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, among or between any of the parties with respect to the subject matter hereof; provided, however, that the sections of the Confidentiality Agreement that are to survive shall not be superseded and shall remain in full force and effect in accordance with their terms. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. The exchange of a fully executed Agreement (in counterparts or otherwise) by facsimile or by electronic delivery shall be sufficient to bind the parties to the terms of this Agreement.

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Aml Communications Inc), Agreement and Plan of Merger (Aml Communications Inc), Agreement and Plan of Merger (Aml Communications Inc)

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Entire Agreement; Counterparts; Exchanges by Facsimile or Electronic Delivery. This Agreement (including all Exhibits and Schedules hereto) constitutes the other agreements, exhibits and disclosure schedules referred to herein constitute the entire agreement and supersedes supersede all prior agreements and understandings, both written and oral, among or between any of the parties with respect to the subject matter hereofhereof and thereof; provided, however, that the sections of the Confidentiality Agreement that are to survive shall not be superseded and shall remain in full force and effect in accordance with their its terms. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. The exchange of a fully executed Agreement (in counterparts or otherwise) by facsimile or by electronic delivery in .pdf format shall be sufficient to bind the parties to the terms and conditions of this Agreement.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Versant Corp), Agreement and Plan of Merger (Peplin Inc), Agreement and Plan of Merger (Transmeta Corp)

Entire Agreement; Counterparts; Exchanges by Facsimile or Electronic Delivery. This Agreement (including all Exhibits and Schedules hereto) constitutes the other agreements, exhibits and disclosure schedules referred to herein constitute the entire agreement and supersedes supersede all prior agreements and understandings, both written and oral, among or between any of the parties with respect to the subject matter hereofhereof and thereof; provided, however, that the sections of the Confidentiality Agreement that are to survive shall not be superseded and shall remain in full force and effect in accordance with their its terms. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. The exchange of a fully executed Agreement (in counterparts or otherwise) by facsimile or by electronic delivery shall be sufficient to bind the parties to the terms and conditions of this Agreement.

Appears in 2 contracts

Samples: Acquisition Agreement (Veraz Networks, Inc.), Agreement and Plan of Merger and Reorganization (Nuvelo Inc)

Entire Agreement; Counterparts; Exchanges by Facsimile or Electronic Delivery. This Agreement (including all Exhibits and Schedules hereto) constitutes and the Confidentiality Agreement (as amended pursuant to Section 4.1(b)) constitute the entire agreement among the Parties regarding the subject matter hereof and supersedes thereof and supersede all prior agreements and understandings, both written and oral, among or between any of the parties Parties with respect to the subject matter hereof; provided, however, that the sections of the Confidentiality Agreement that are to survive shall not be superseded hereof and shall remain in full force and effect in accordance with their termsthereof. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. The exchange of a fully executed Agreement (in counterparts or otherwise) by facsimile electronic transmission in .PDF format, through an electronic signature service or by electronic delivery facsimile shall be sufficient to bind the parties Parties to the terms of this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Momentive Global Inc.), Agreement and Plan of Merger (Momentive Global Inc.)

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Entire Agreement; Counterparts; Exchanges by Facsimile or Electronic Delivery. This Agreement (including all Exhibits and Schedules hereto) constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, among or between any of the parties with respect to the subject matter hereof; providedhereof and supersede all prior agreements and understandings between the parties with respect thereto and is not intended to confer, however, that the sections of the Confidentiality Agreement that are to survive and shall not be superseded construed as conferring, upon any person other than the parties hereto any rights or remedies hereunder. No addition to or modification of any provision of this Agreement shall be binding upon either party unless made in writing and shall remain in full force and effect in accordance with their termssigned by both parties. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all both of which shall constitute one and the same instrument. The exchange of a fully executed Agreement (in counterparts or otherwise) by facsimile or by electronic delivery shall be sufficient to bind the parties to the terms of this Agreement.

Appears in 1 contract

Samples: Form of Agreement (Foundry Networks Inc)

Entire Agreement; Counterparts; Exchanges by Facsimile or Electronic Delivery. This Agreement (including all Exhibits and Schedules hereto) constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, among or between any of the parties with respect to the subject matter hereof; provided, however, that that, except as provided below, the sections provisions of the Confidentiality Agreement that are to survive shall not be superseded and shall remain in full force and effect in accordance with their termsits terms except to the extent amended pursuant to Section 4.3(b). This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. The exchange of a fully executed Agreement (in counterparts or otherwise) by facsimile or by electronic delivery shall be sufficient to bind the parties to the terms of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Applied Materials Inc /De)

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