IN COUNTERPART. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. This Agreement shall become binding when one or more counterparts hereof, individually or taken together, shall bear the signatures of the parties reflected hereon as the signatories. Signatures may be given by facsimile or other electronic transmission, and such signatures shall be fully binding on the party sending the same.
IN COUNTERPART. This Agreement may be executed in any number of counterparts, with the same effect as it the signature were upon a single engrossment of this Agreement, but shall not be effective until each Party has executed at least one counterpart. Each counterpart shall be deemed to be an original of this Agreement but all counterparts together shall constitute one and the same instrument. Signed by [●] duly authorised for and on behalf of Storengy UK Limited ) ) ) ) Signed by [●] duly authorised for and on behalf of [●] ) ) ) ) ANNEX
IN COUNTERPART. This Agreement may be executed in one or more counterparts and shall be effective when at least one counterpart shall have been executed by each party hereto, and each set of counterparts that, collectively, show execution by each party hereto shall constitute one duplicate original.
IN COUNTERPART. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument.
IN COUNTERPART. This Agreement may be executed in two or more counterparts, all of which shall be considered one and the same agreement, it being understood that all parties need not sign the same counterpart.
IN COUNTERPART. This Agreement and any Terms Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all such respective counterparts shall together constitute a single instrument. If the foregoing is in accordance with your understanding of our agreement, kindly sign and return to us the enclosed duplicate hereof, whereupon it will become a binding agreement between the Company and the several Underwriters in accordance with its terms. Very truly yours, ARIZONA PUBLIC SERVICE COMPANY By ------------------------------------- Treasurer The foregoing Underwriting Agreement is hereby confirmed and accepted as of the date first above written.
IN COUNTERPART. This Agreement, and other Loan Documents which expressly so provide, may be executed in any number of counterparts, each of which when executed and delivered will be deemed to be an original and all of which, taken together, will be deemed to be one and the same instrument.
IN COUNTERPART. This Agreement may be executed in one or more counterparts. All executed counterparts and each of them will be deemed to be one and the same instrument provided that counsel for the Parties will exchange between themselves original signed counterparts. Facsimile or digital signatures will be accepted if the original signature is provided within seven calendar days upon request. Any executed counterpart will be admissible in evidence to prove the existence and contents of this Agreement.
IN COUNTERPART. This Agreement and any Terms Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all such respective counterparts shall together constitute a single instrument. If the foregoing is in accordance with your understanding of our agreement, kindly sign and return to us the enclosed duplicate hereof, whereupon it will become a binding agreement between the Company and the Underwriters in accordance with its terms. Very truly yours, ARIZONA PUBLIC SERVICE COMPANY By Barbara M. Gomez ------------------------------------- Name: Barbara M. Gomez Title: Trxxxxxxx Xxx xxregoing Underwriting Agreement is hereby confirmed and accepted as of the date first above written. Banc of America Securities LLC Salomon Smith Barney Inc. Credit Suisse First Boston Corporation BNY Xxxxxxx Xxxxxts, Inc. J.P. Morgan Securities Inc. TD Securities (USA) Inc. UBS Warburg LLC Xx: Xxxx of America Securities LLC Salomon Smith Barney Inc. (As Representatives of the Xxxxxxx Xxxxxwriters) By: Lily Chang By: Yukari Saegusa --------------------------------- ------------------------------------ TERMS AGREEMENT February 26, 2002 Arizona Public Service Company 400 North Fifth Street Phoenix, Arizona 85004 Attention: Treasurer Xxxxxx xxx Xxxxxxxxx: Xxxxxxx Xxxxxx Xervice Company (the "Company") hereby agrees to sell to the several Underwriters (the "Underwriters") listed in the Company's Prospectus Supplement (the "Prospectus Supplement") of even date herewith relating to $375,000,000 in aggregate principal amount of its 6.50% Notes due 2012 (the "Purchased Securities"), and the Underwriters hereby agree to purchase, severally and not jointly, at a purchase price of 98.648% of the principal amount thereof plus any accrued interest from the date of original issuance, the respective principal amounts of Purchased Securities set forth opposite the names of the Underwriters in the Prospectus Supplement. The sale of the Purchased Securities by the Company and the purchase thereof by the Underwriters shall be made on the basis of the representations, warranties, and agreements contained in the Underwriting Agreement (the "Underwriting Agreement"), dated February 26, 2002, relating to the issuance and sale of up to $375,000,000 of the Company's Securities under the Company's Indenture, and shall be subject to the terms and conditions set forth in such Underwriting Agreement. The provisions of the Underwriting Agreement are incorporated herein by refe...
IN COUNTERPART. The escrow instructions and any amendments may be executed in one or more counterparts, each of which shall be deemed an original, and all of which taken together shall constitute the same instruction.
