Common use of Fax Execution Clause in Contracts

Fax Execution. For purposes of negotiating and concluding this Agreement and the Loan Documents (including any subsequent amendments thereto), any signed document transmitted by facsimile machine ("FAX") shall be treated in all manner and respects as an original document, except that delivery by FAX shall not constitute delivery for the purposes of notices delivered pursuant to Section 9.4 above. The original signature of any party that is transmitted by FAX shall be considered for these purposes as an original signature. Any document delivered by FAX shall be considered to have the same binding legal effect as an original document, provided that an original of the faxed document was mailed by certified or registered first class US Mail or personally delivered to the recipient. At the request of either party, any FAX document subject to this Agreement shall be re-executed by both parties in an original form. The undersigned parties hereby agree that neither shall raise the use of the FAX or the fact that any signature or document was transmitted or communicated through the use of a FAX as a defense to the formation of this Agreement or any other Loan Document.