Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 250 contracts
Samples: Loan Agreement, Loan Agreement, Master Agreement
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different the parties hereto in separate several counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute together but one and the same instrumentagreement.
Appears in 128 contracts
Samples: Severance and Change in Control Agreement, Credit Agreement and Consent (Tower Group, Inc.), Facility Agreement (Talon Therapeutics, Inc.)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentagreement.
Appears in 104 contracts
Samples: Loan and Servicing Agreement, Loan and Servicing Agreement, Loan and Servicing Agreement
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentagreement.
Appears in 97 contracts
Samples: Loan Agreement (Cadence Design Systems Inc), Reimbursement Agreement (South Jersey Industries Inc), Reimbursement Agreement (South Jersey Industries Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in each party on a separate counterpartscounterpart, each of which when so executed and delivered shall be deemed to be an original and original, but all of which taken together shall constitute but one and instrument. In proving this Amendment, it shall not be necessary to produce or account for more than one such counterpart signed by the same instrumentparty against whom enforcement is sought.
Appears in 82 contracts
Samples: Credit Agreement (Hurco Companies Inc), Credit Agreement (Entercom Communications Corp), Credit Agreement, Security Agreement and Subsidiary Guaranty (Emmis Communications Corp)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of original, but which taken together shall constitute but one and the same instrument.
Appears in 59 contracts
Samples: Loan and Security Agreement (Petros Pharmaceuticals, Inc.), Loan and Security Agreement (Petros Pharmaceuticals, Inc.), Loan and Security Agreement (Petros Pharmaceuticals, Inc.)
Execution in Counterparts. This Amendment may be executed in by one or more of the parties to this Amendment on any number of counterparts and by different parties hereto in separate counterparts, each and all of which when so executed and delivered said counterparts taken together shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 51 contracts
Samples: Credit Agreement (Lear Corp), First Amendment (Dr Pepper Snapple Group, Inc.), Credit Agreement (Lear Corp)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 49 contracts
Samples: Credit Agreement (Caterpillar Financial Services Corp), Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered such counterparts shall for all purposes be deemed to be an original original, and all of which taken such counterparts shall together shall constitute but one and the same instrument.
Appears in 48 contracts
Samples: Rights Agreement (Plexus Corp), Vonage Holdings Corp, www.dealpointdata.com
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in on separate counterparts, each of which counterparts, when so executed and delivered delivered, shall be deemed to be an original and all of which counterparts, taken together together, shall constitute but one and the same instrumentAmendment.
Appears in 43 contracts
Samples: Loan and Security Agreement (DriveTime Sales & Finance Company, LLC), Loan and Security Agreement (DriveTime Sales & Finance Company, LLC), Loan and Security Agreement (Drivetime Automotive Group Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different the parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute together but one and the same instrumentagreement.
Appears in 43 contracts
Samples: Note Purchase Agreement (Textainer Group Holdings LTD), Note Purchase Agreement (TAL International Group, Inc.), Note Purchase Agreement (Textainer Group Holdings LTD)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different the parties hereto in separate multiple counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentagreement.
Appears in 39 contracts
Samples: Investment Management Services Agreement (Columbia Funds Variable Series Trust II), Administrative Services Agreement (Columbia Funds Series Trust I), Investment Management Services Agreement (Columbia Funds Variable Insurance Trust I)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which when taken together shall constitute but one and the same instrumentagreement.
Appears in 36 contracts
Samples: Credit Agreement (Next.e.GO B.V.), Credit Facility Agreement (SEACOR Marine Holdings Inc.), Credit Agreement (SEACOR Marine Holdings Inc.)
Execution in Counterparts. This Amendment Agreement and any amendments hereto may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument.
Appears in 31 contracts
Samples: Credit Agreement (Ryerson Holding Corp), Credit Agreement (Ryerson Inc.), Loan and Security Agreement (Standard Register Co)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different the parties hereto in separate several counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute together but one and the same instrumentagreement.
Appears in 29 contracts
Samples: Credit Agreement and Guaranty (Adma Biologics, Inc.), Credit Agreement and Guaranty (Adma Biologics, Inc.), Credit Agreement and Waiver (Cherokee Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 24 contracts
Samples: The Credit Agreement (Green Plains Inc.), Credit Agreement (Green Plains Inc.), Credit Agreement (Green Plains Inc.)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument. Delivery of an executed counterpart of this Amendment by facsimile shall be effective as delivery of a manually executed counterpart of this Amendment.
Appears in 23 contracts
Samples: Credit and Security Agreement (Brooke Corp), Receivables Purchase Agreement (Medco Health Solutions Inc), Credit and Security Agreement (Brooke Credit CORP)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered such counterparts shall for all purposes be deemed to be an original original, and all of which taken such counterparts shall together shall constitute but one and the same instrument.
Appears in 23 contracts
Samples: Transfer Agency Services Agreement (Green Century Funds), Transfer Agency Services Agreement (Advisors' Inner Circle Fund), Transfer Agency Services Agreement (Green Century Funds)
Execution in Counterparts. This Amendment may be executed and delivered in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentoriginal agreement.
Appears in 20 contracts
Samples: Term Loan and Security Agreement (Merrimac Industries Inc), Hughes Electronics Corp, Hughes Electronics Corp
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate several counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 17 contracts
Samples: CFD Bond Indentures, www.cityoffernley.org, Loan and Security Agreement (Pioneer Power Solutions, Inc.)
Execution in Counterparts. This Amendment may be executed by the parties hereto in any number of several counterparts (and by different parties hereto in separate different counterparts), each of which when so executed and delivered shall be deemed to be constitute an original and all of which when taken together shall constitute but one and the same instrumenta single document.
Appears in 16 contracts
Samples: Credit Agreement (Venoco, Inc.), Credit Agreement (Venoco, Inc.), Credit Agreement (Venoco, Inc.)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentagreement.
Appears in 16 contracts
Samples: Receivables Purchase Agreement (Amkor Technology Inc), Foamex Credit Agreement (Foamex International Inc), Credit Agreement (Foamex Capital Corp)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument. Delivery of an executed counterpart of this Amendment by facsimile or electronic mail shall be effective as delivery of a manually executed counterpart of this Amendment.
Appears in 16 contracts
Samples: Loan and Security Agreement (Medallion Financial Corp), Loan Agreement (Medallion Financial Corp), Loan and Security Agreement (Medallion Financial Corp)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different the parties hereto in separate counterparts, each of which when so executed and delivered delivered, whether in physical or electronic form, shall be deemed to be constitute an original original, and all of which taken together shall constitute but one and the same instrument.
Appears in 16 contracts
Samples: Pooling and Servicing Agreement (Sequoia Residential Funding Inc), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2013-7), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2013-6)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of or which taken together shall constitute but one and the same instrument.
Appears in 13 contracts
Samples: Credit Agreement (Transcat Inc), Credit Agreement (Ultralife Batteries Inc), Credit Agreement (Ultralife Batteries Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different the parties hereto in separate several counterparts, each of which when so executed and delivered shall be executed by the parties hereto and be deemed to be an original and all of which taken together shall constitute but together by one and the same instrumentagreement.
Appears in 12 contracts
Samples: Custodial Agreement (Bear Stearns ARM Trust 2007-4), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-3), Custodial Agreement (Bear Stearns ARM Trust 2007-5)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different the parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentagreement.
Appears in 11 contracts
Samples: Credit Agreement, Credit Agreement (Constellation Energy Partners LLC), Credit Agreement (Constellation Energy Partners LLC)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate one or more counterparts, each of which when so executed and delivered shall be deemed to be considered an original and instrument, but all of which taken together shall constitute but be considered one and the same instrumentagreement, and shall become binding when one or more counterparts have been signed by each of the parties and delivered to each of the parties.
Appears in 11 contracts
Samples: License Agreement, License Agreement, License Agreement
Execution in Counterparts. This Amendment may be executed in any ------------------------- number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 11 contracts
Samples: Employment and Non Competition Agreement (Pra International Inc), Employment and Non Competition Agreement (Pra International Inc), Employment and Non Competition Agreement (Pra International Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument, and any of the parties hereto may execute this Amendment by signing any such counterpart.
Appears in 10 contracts
Samples: Credit Agreement (Dover Downs Gaming & Entertainment Inc), Credit Agreement (Dover Downs Gaming & Entertainment Inc), Credit Agreement (Dover Downs Gaming & Entertainment Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 9 contracts
Samples: The Credit Agreement (Authentic Fitness Corp), The Credit Agreement (Authentic Fitness Corp), Credit Agreement (Bon Ton Stores Inc)
Execution in Counterparts. This For the convenience of the parties, this Amendment may be executed in any number of counterparts and by different parties hereto in separate one or more counterparts, each of which when so executed and delivered shall be deemed to be an original and original, but all of which taken together shall constitute but one and the same instrument.
Appears in 9 contracts
Samples: Agreement and Plan of Reorganization (Green Bancorp, Inc.), Agreement and Plan of Reorganization (Green Bancorp, Inc.), Securities Purchase Agreement (Goodman Networks Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts one or more counterparts, and by the different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and original, but all of which taken together shall constitute but one and the same instrumentagreement, and shall become effective when one or more counterparts has been signed by each of the parties hereto and delivered to each of the other parties hereto.
Appears in 9 contracts
Samples: Unit Purchase Option (Chardan North China Acquisition Corp), Unit Purchase Option (Harbor Acquisition Corp.), Unit Purchase Option (Chardan South China Acquisition Corp)
Execution in Counterparts. This Amendment may be executed ------------------------- in any number of counterparts and by different parties hereto in on separate counterparts, each of which counterparts, when so executed and delivered delivered, shall be deemed to be an original and all of which counterparts, taken together together, shall constitute but one and the same instrumentAmendment.
Appears in 9 contracts
Samples: Sale and Servicing Agreement (Americredit Financial Services of Canada LTD), Transfer and Administration Agreement (Compucom Systems Inc), Receivables Purchase Agreement (Compucom Systems Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts two or more counterparts, and by different parties hereto in on separate counterparts, each of which when so executed and delivered shall be deemed to be an original and original, but all of which taken together shall constitute but one and the same instrument. A facsimile counterpart shall be effective as an original.
Appears in 9 contracts
Samples: Note Purchase Agreement (Seacastle Inc.), Revolving Credit Agreement (Seacastle Inc.), Note Purchase Agreement (Seacastle Inc.)
Execution in Counterparts. This For the convenience of the Parties, this Amendment may be executed in any number of counterparts and by different parties hereto in separate one or more counterparts, each of which when so executed and delivered shall be deemed to be an original and original, but all of which taken together shall constitute but one and the same instrument.
Appears in 9 contracts
Samples: Equity Purchase Agreement (Helix Energy Solutions Group Inc), Equity Purchase Agreement (Helix Energy Solutions Group Inc), Purchase and Sale Agreement (MBOW Four Star, L.L.C.)
Execution in Counterparts. This Amendment may be executed ------------------------- in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 8 contracts
Samples: Lease Receivables Purchase Agreement (Bankvest Capital Corp), Receivables Purchase Agreement (Torchmark Corp), Receivables Purchase Agreement (School Specialty Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterpartscounterparts (in each case, any such execution and delivery may occur by facsimile or pdf transmission of executed counterparts or signature pages), each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 8 contracts
Samples: Credit Agreement (Teppco Partners Lp), Credit Agreement (Teppco Partners Lp), Credit Agreement (Teppco Partners Lp)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and original, but all of which taken such counterparts shall together shall constitute but one and the same instrument.
Appears in 8 contracts
Samples: Management Agreement (Dominos Pizza Inc), Management Agreement (Dominos Pizza Inc), Management Agreement (Wendy's Co)
Execution in Counterparts. This Amendment and Consent may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentagreement.
Appears in 8 contracts
Samples: Custodial Agreement (H&r Block Inc), Omnibus Amendment and Consent Agreement (H&r Block Inc), Omnibus Amendment and Consent Agreement (H&r Block Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by the different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which when taken together shall constitute but one and the same instrumentAmendment.
Appears in 8 contracts
Samples: Receivables Purchase Agreement (Standard Products Co), Mortgage Loan Purchase Agreement (Gmac Commercial Mortgage Securities Inc), Receivables Purchase Agreement (Olympic Steel Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts (and by different parties hereto in separate on different counterparts), each of which when so executed and delivered shall be deemed to be constitute an original and original, but all of which when taken together shall constitute but one and the same instrumenta single contract.
Appears in 8 contracts
Samples: Credit Agreement (Cleco Power LLC), Term Loan Agreement (Cleco Power LLC), Term Loan Agreement (Cleco Power LLC)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 8 contracts
Samples: Credit Agreement (Homestead Village Inc), Loan Agreement (Smith & Wollensky Restaurant Group Inc), Loan Agreement (Smith & Wollensky Restaurant Group Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts counterparts, and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and original, but all of which such counterparts taken together shall constitute but one and the same instrument.
Appears in 8 contracts
Samples: Revolving Warehouse Financing Agreement (Falcon Financial Investment Trust), Senior Subordinated Loan Agreement (Falcon Financial Investment Trust), Loan Agreement (Health & Retirement Properties Trust)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different the parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument. This agreement, when countersigned by the parties hereto, shall be a “Loan Document” as defined and referred to in the Credit Agreement and the other Loan Documents.
Appears in 7 contracts
Samples: Credit Agreement (Azz Inc), Revolving and Term Loan Credit Agreement (Azz Inc), Credit Agreement (Azz Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts counterparts, and by the different parties hereto in on separate counterparts, ; each of which when so executed and delivered such counterpart shall be deemed to be an original and all of which such counterparts taken together shall be deemed to constitute but one and the same instrument. A facsimile or electronic copy of an executed counterpart of this Amendment shall be effective as an original for all purposes.
Appears in 7 contracts
Samples: Purchase and Contribution Agreement (Herc Holdings Inc), Receivables Financing Agreement (Herc Holdings Inc), Master Accounts Receivable Purchase Agreement (DXC Technology Co)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different the parties hereto in separate counterpartshereto, each of which counterparts when so executed and delivered shall be deemed to be an original and original, but all of which taken the counterparts shall together shall constitute but one and the same instrumentagreement.
Appears in 7 contracts
Samples: Consent and Release (Aegis Communications Group Inc), Advanstar Communications Inc, Fourth Amendment (Amc Entertainment Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentagreement. Delivery of an executed counterpart by facsimile shall be equally effective as delivery of a manually executed counterpart to this Amendment.
Appears in 7 contracts
Samples: Loan Agreement (Fuelcell Energy Inc), Loan Agreement (Fuelcell Energy Inc), Loan Agreement (Fuelcell Energy Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by the different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which when taken together shall constitute but one and the same instrumentAgreement. Delivery of an executed counterpart hereof by facsimile or other electronic means shall be equally effective as delivery of an originally executed counterpart.
Appears in 6 contracts
Samples: Receivables Purchase Agreement (Mylan N.V.), Receivables Purchase Agreement (Mylan Inc.), Receivables Purchase Agreement (Mylan Inc.)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different the parties hereto in separate several counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute together but one and the same instrumentagreement. A counterpart hereof executed and delivered by facsimile shall be effective as an original.
Appears in 6 contracts
Samples: Assumption Agreement (Central Credit, LLC), Credit Agreement (Global Cash Access, Inc.), Credit Agreement (W-H Energy Services Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and original, but all of which taken together shall constitute but one and the same instrument.
Appears in 6 contracts
Samples: Transition Services Agreement (Columbia Property Trust, Inc.), Employment Agreement (Itc Deltacom Inc), Employment Agreement (Itc Deltacom Inc)
Execution in Counterparts. This Amendment and Restatement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 6 contracts
Samples: Credit Agreement (Entergy Corp /De/), Credit Agreement (Florida Progress Corp), Credit Agreement (Teppco Partners Lp)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument, and any party hereto may execute this Amendment by signing one or more counterparts.
Appears in 6 contracts
Samples: Credit Agreement (Atmos Energy Corp), Credit Agreement (Atmos Energy Corp), Credit Agreement (Atmos Energy Corp)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by the different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 6 contracts
Samples: Research and License Agreement (Orasure Technologies Inc), Research and License Agreement (Orasure Technologies Inc), Us Homecare Corp
Execution in Counterparts. This Amendment may be executed by facsimile and in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts, taken together together, shall constitute but one and the same instrument.
Appears in 5 contracts
Samples: Canadian Loan and Security Agreement (Guess Inc Et Al/Ca/), Loan and Security Agreement (Guess Inc Et Al/Ca/), Loan and Security Agreement (Guess Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different the parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 5 contracts
Samples: Letter of Credit and Reimbursement Agreement (Sithe Independence Funding Corp), Credit Agreement (Frontier Oil Corp /New/), Credit Agreement (Wainoco Oil Corp)
Execution in Counterparts. This Amendment may be executed in any number of counterparts two or more counterparts, and by different parties hereto in on separate counterpartscounterparts (including by PDF file), each of which when so executed and delivered shall be deemed to be an original and original, but all of which taken together shall constitute but one and the same instrument.
Appears in 5 contracts
Samples: Note Purchase Agreement (TAL International Group, Inc.), Note Purchase Agreement (TAL International Group, Inc.), Note Purchase Agreement (TAL International Group, Inc.)
Execution in Counterparts. This Amendment may be executed in any ------------------------- number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentagreement.
Appears in 4 contracts
Samples: Credit Agreement (Bindley Western Industries Inc), Receivables Purchase Agreement (Bindley Western Industries Inc), Receivables Purchase Agreement (School Specialty Inc)
Execution in Counterparts. This Amendment No. 1 may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentagreement.
Appears in 4 contracts
Samples: Credit Agreement (Tim Hortons Inc.), Senior Facilities Credit Agreement (Tim Hortons Inc.), Senior Facilities Credit Agreement (Wendys International Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.. * * * *
Appears in 4 contracts
Samples: Senior Management Agreement (VeriFone Holdings, Inc.), Stockholders Agreement (VeriFone Holdings, Inc.), Senior Management Agreement (VeriFone Holdings, Inc.)
Execution in Counterparts. This Amendment may be executed in by one or more of the parties to this Amendment on any number of counterparts and by different parties hereto in separate counterparts, each and all of which when so executed and delivered said counterparts taken together shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument. A set of the copies of this Amendment signed by all the parties shall be lodged with Company and the Administrative Agent.
Appears in 4 contracts
Samples: Forbearance and Waiver (Aurora Foods Inc /De/), Aurora Foods Inc /De/, Aurora Foods Inc /De/
Execution in Counterparts. This Amendment No. 1 may be executed and delivered in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentoriginal agreement.
Appears in 4 contracts
Samples: Lender Term (Hayes Lemmerz International Inc), Credit Agreement (Paxson Communications Corp), Credit Agreement (Hayes Lemmerz International Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate one or more counterparts, each of which when so executed and delivered shall be deemed to be considered an original and instrument, but all of which taken together shall constitute but be considered one and the same instrumentamendment, and shall become binding when one or more counterparts have been signed by each of the parties hereto and delivered to each of Donnelley and Metromail.
Appears in 4 contracts
Samples: A Sales Agreement (Metromail Corp), Center Services Agreement (Great Universal Acquisition Corp), A Sales Agreement (Great Universal Acquisition Corp)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Environtech Inc.), Limited Liability Company Agreement (Environtech Inc.), Limited Liability Company Agreement (Environtech Inc.)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered (including delivery by telecopier) shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 4 contracts
Samples: Loan and Security Agreement (Talley Industries Inc), Loan and Security Agreement (Talley Manufacturing & Technology Inc), Subsidiary Loan and Security Agreements (Talley Industries Inc)
Execution in Counterparts. This Amendment may be executed and delivered in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentoriginal agreement.
Appears in 4 contracts
Samples: Credit Agreement (JPS Textile Group Inc /De/), Credit Agreement (JPS Textile Group Inc /De/), Credit Agreement (JPS Textile Group Inc /De/)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.agreement. <signature pages follow>
Appears in 4 contracts
Samples: Receivables Purchase Agreement (Meredith Corp), Receivables Purchase Agreement (Convergys Corp), Receivables Sale (Yrc Worldwide Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate ------------------------- counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 4 contracts
Samples: Execution Copy (Huntsman Ici Chemicals LLC), Execution Copy (Huntsman Ici Holdings LLC), Huntsman Ici Chemicals LLC
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 4 contracts
Samples: Loan and Security Agreement (Hooper Holmes Inc), Loan and Security Agreement (Hooper Holmes Inc), Loan and Security Agreement (Hooper Holmes Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument..
Appears in 4 contracts
Samples: Loan Agreement (Condor Hospitality Trust, Inc.), Loan Agreement (Condor Hospitality Trust, Inc.), Loan Agreement (Condor Hospitality Trust, Inc.)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate one or more counterparts, each of which when so executed and delivered shall be considered an original, but all of which together shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentdocument.
Appears in 4 contracts
Samples: Restricted Stock Program Agreements (Matrixx Initiatives Inc), Employment Agreement (Yp Corp), Restricted Stock Program Agreements (Matrixx Initiatives Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties Parties hereto in separate counterparts, each of which counterparts, when so executed and delivered delivered, shall be deemed to be an original and all of which counterparts, taken together together, shall constitute but one and the same instrumentagreement.
Appears in 3 contracts
Samples: Board Representation and Standstill Agreement (LSB Industries Inc), Board Representation and Standstill Agreement (LSB Funding LLC), Board Representation and Standstill Agreement (LSB Industries Inc)
Execution in Counterparts. This Amendment may be simultaneously executed in any number of counterparts and by different parties hereto in separate several counterparts, each of which when so executed and delivered shall be deemed to be an original original, and all of which taken together shall constitute but one and the same instrument.
Appears in 3 contracts
Samples: The Master Servicing Agreement (Education Funding Capital Trust-Iv), The Master Servicing Agreement (Education Funding Capital Trust Iii), The Master Servicing Agreement (Education Capital I LLC)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which when taken together shall constitute but one and the same instrument. Delivery of an executed counterpart of this Amendment by facsimile or electronic mail shall be effective as delivery of a manually executed counterpart of this Amendment.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Medco Health Solutions Inc), Receivables Purchase Agreement (Medco Health Solutions Inc), Receivables Purchase Agreement (Medco Health Solutions Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts counterparts, including by facsimile transmission, and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentagreement.
Appears in 3 contracts
Samples: Credit Agreement (Devcon International Corp), Credit Agreement (Devcon International Corp), Waiver and Fourth (Devcon International Corp)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different the parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 3 contracts
Samples: Pledge Agreement (Ohm Corp), Security Agreement (Ohm Corp), Security Agreement (Ohm Corp)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate several counterparts, each of which when so executed and delivered shall be deemed to be an original copy and all of which taken together shall constitute but one and the same instrumentinstrument binding on all parties hereto, notwithstanding that all parties shall not have signed the same counterpart.
Appears in 3 contracts
Samples: Limited Partnership Agreement (Sentio Healthcare Properties Inc), Limited Partnership Agreement (Sentio Healthcare Properties Inc), Investor Rights Agreement (Sentio Healthcare Properties Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by the different parties hereto in on separate counterparts, including by means of facsimile or electronic transmission (including .pdf format), each of which when so executed and delivered shall be deemed to be an original and original, but all of which taken shall together shall constitute but one and the same instrument.
Appears in 3 contracts
Samples: Credit Agreement (CST Brands, Inc.), Credit Agreement (CST Brands, Inc.), Credit Agreement (CST Brands, Inc.)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in on separate counterparts, each of which counterparts, when so executed and delivered delivered, shall be deemed to be an original original, and all of which counterparts, when taken together together, shall constitute but one and the same instrumentAmendment.
Appears in 3 contracts
Samples: Anthracite Capital Inc, Receivables Purchase Agreement (Georgia Pacific Corp), Loan and Security Agreement (Corrections Corp of America/Md)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which which, when so executed and delivered delivered, shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 3 contracts
Samples: Credit Agreement (Figgie International Inc /De/), Security Agreement (National Steel Corp), National Steel Credit Agreement (National Steel Corp)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in on separate counterparts, each of which counterparts, when so executed and delivered delivered, shall be deemed to be an original original, and all of which counterparts, when taken together together, shall constitute but one and the same instrumentamendment.
Appears in 3 contracts
Samples: Invesco Ltd., Amvescap PLC/London/, A I M Management Group Inc /De/
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which when taken together shall constitute but one and the same instrumentdocument.
Appears in 3 contracts
Samples: Credit Agreement (Allied Motion Technologies Inc), Credit Agreement and Consent (Allied Motion Technologies Inc), Credit Agreement and Consent (Allied Motion Technologies Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.. * * * * *
Appears in 3 contracts
Samples: Senior Management Agreement (Syniverse Holdings LLC), Senior Management Agreement (Tsi Telecommunication Holdings LLC), Senior Management Agreement (Tsi Telecommunication Services Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate multiple counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which when taken together shall constitute but one and the same instrument.
Appears in 3 contracts
Samples: Letter of Credit and Reimbursement Agreement (Arch Capital Group LTD), Letter of Credit and Reimbursement Agreement (Arch Capital Group LTD), Letter of Credit and Reimbursement Agreement (Arch Capital Group LTD)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which when taken together shall constitute but one and the same instrument.
Appears in 3 contracts
Samples: Credit Agreement (Real Mex Restaurants, Inc.), Restated Credit Agreement (Real Mex Restaurants, Inc.), Us Homecare Corp
Execution in Counterparts. This Amendment may be executed in any number of counterparts (and by different parties hereto in separate different counterparts), including by means of facsimile or electronic transmission, each of which when so executed and delivered shall be deemed to be an original and original, but all of which taken shall together shall constitute but one and the same instrument.
Appears in 3 contracts
Samples: Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (Willbros Group, Inc.\NEW\), Eighth (Willbros Group, Inc.\NEW\)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate one or more counterparts, each of which when so may be executed by one or more of the parties hereto, with the same force and delivered shall be deemed to be an original and effect as though all of which taken together shall constitute parties who executed such counterparts had executed but one and the same instrument.
Appears in 3 contracts
Samples: California Lease (Bumble Bee Capital Corp.), Lease (Bumble Bee Capital Corp.), Conagra Lease (Bumble Bee Capital Corp.)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentAmendment.
Appears in 3 contracts
Samples: Master Repurchase Agreement (CapLease, Inc.), Master Repurchase Agreement (Capital Lease Funding Inc), Revolving Loan Agreement (CapLease, Inc.)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 3 contracts
Samples: Credit Agreement (Hastings Entertainment Inc), Credit Agreement and Waiver Agreement (Hastings Entertainment Inc), Kevco Inc
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered such counterparts shall for all purposes be deemed to be an original original, and all of which taken such counterparts shall together shall constitute but one and the same instrument. This Amendment may be executed and delivered by facsimile transmission.
Appears in 3 contracts
Samples: Rights Agreement (Journal Register Co), Rights Agreement (Noven Pharmaceuticals Inc), Noven Pharmaceuticals Inc
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts, taken together together, shall constitute but one and the same instrument.
Appears in 3 contracts
Samples: Note (Green Plains Renewable Energy, Inc.), New Century TRS Holdings Inc, New Century Financial Corp
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentagreement.
Appears in 3 contracts
Samples: Management Agreement (ACRES Commercial Realty Corp.), Management Agreement (Resource America, Inc.), Management Agreement (Resource Capital Corp.)
Execution in Counterparts. This Amendment may be executed ------------------------- in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 3 contracts
Samples: Credit Agreement (Bon Ton Stores Inc), Credit Agreement (Bon Ton Stores Inc), Credit Agreement (Bon Ton Stores Inc)
Execution in Counterparts. This Amendment may be executed in ---------- ------------------------- any number of counterparts and by different the parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 3 contracts
Samples: Credit Agreement (Scpie Holdings Inc), Credit Agreement (Kaiser Ventures Inc), Credit Agreement (Kaiser Ventures Inc)
Execution in Counterparts. This Amendment Agreement may be executed in any number of counterparts counterparts, and by different parties each party hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and original, but all of which such counterparts taken together shall constitute but one and the same instrument.
Appears in 3 contracts
Samples: The Loan Agreement, The Loan Agreement (Gruma Sab De Cv), The Loan Agreement (Gruma Sab De Cv)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts, taken together together, shall constitute but one and in the same instrument.
Appears in 2 contracts
Samples: Credit and Security Agreement (Sheldahl Inc), Credit and Security Agreement (Sheldahl Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in on separate counterparts, each of which which, when so executed and delivered delivered, shall be deemed to be an original original, and all of which which, when taken together together, shall constitute but one and the same instrumentagreement. Delivery of an executed counterpart of this Amendment by facsimile shall be equally as effective as delivery of an original executed counterpart of this Amendment.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Las Vegas Gaming Inc), Security Agreement (Las Vegas Gaming Inc)
Execution in Counterparts. This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, including counterparts executed and delivered by facsimile, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Appears in 2 contracts
Samples: Credit Agreement (Lecroy Corp), Credit Agreement (Lecroy Corp)
Execution in Counterparts. This Amendment may be executed ------------------------- and delivered in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrumentoriginal agreement.
Appears in 2 contracts
Samples: Credit Agreement (International Technology Corp), Credit Agreement (It Group Inc)
Execution in Counterparts. This Amendment may be executed in ------------------------- any number of counterparts and by different parties hereto in on separate counterparts, each of which counterparts, when so executed and delivered delivered, shall be deemed to be an original and all of which counterparts, taken together together, shall constitute but one and the same instrumentAmendment.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Americredit Corp), Transfer and Administration Agreement (Compucom Systems Inc)
