Party Uses in Counterparts Clause

Counterparts from Director Agreement

of January 6, 2017 ("Effective Date"), is entered into by and between Nobilis Health Network, Inc., a Texas certified nonprofit health organization ("Nobilis"), and Carlos R. Hamilton, III, M.D., a Texas licensed physician ("Physician") (each individually, a "Party"; collectively, the "Parties").

Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and together shall constitute one and the same instrument, with one counterpart being delivered to each Party. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

Counterparts

CSX Corporation (the "Company"), on the one hand, and MR Argent Advisor LLC ("Mantle Ridge"), on behalf of itself and its affiliated funds (such funds, together with Mantle Ridge, collectively, the "Mantle Ridge Group"), on the other hand, have mutually agreed to the terms contained in this letter agreement (this "Letter Agreement"). For purposes of this Letter Agreement, we refer to each of the Company and the Mantle Ridge Group as a "Party" and, collectively, as the "Parties."

Counterparts. This Letter Agreement may be executed in two or more counterparts, each of which will be considered one and the same agreement and will become effective when counterparts have been signed by each of the Parties and delivered to the other Party (including by means of electronic delivery or facsimile).

Counterparts

CSX Corporation (the "Company"), on the one hand, and MR Argent Advisor LLC ("Mantle Ridge"), on behalf of itself and its affiliated funds (such funds, together with Mantle Ridge, collectively, the "Mantle Ridge Group"), on the other hand, have mutually agreed to the terms contained in this letter agreement (this "Letter Agreement"). For purposes of this Letter Agreement, we refer to each of the Company and the Mantle Ridge Group as a "Party" and, collectively, as the "Parties."

Counterparts. This Letter Agreement may be executed in two or more counterparts, each of which will be considered one and the same agreement and will become effective when counterparts have been signed by each of the Parties and delivered to the other Party (including by means of electronic delivery or facsimile).

Counterparts from Restated Limited Liability Company Agreement

This SECOND AMENDMENT (this "Amendment") TO SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (as amended, supplemented or otherwise modified from time to time, including by that certain First Amendment to Second Amended and Restated Limited Liability Company Agreement, dated January 21, 2016, the "Second A&R Agreement;" as modified by this Amendment, the "Agreement") OF MOUNTAIN VALLEY PIPELINE, LLC, dated March 10, 2015, is adopted, executed and agreed to as of October 24, 2016 by MVP Holdco, LLC, a Delaware limited liability company ("EQT"), US Marcellus Gas Infrastructure, LLC, a Delaware limited liability company ("USG"), WGL Midstream, Inc., a Delaware corporation ("WGL"), VED NPI IV, LLC, a Delaware limited liability company ("Vega Carryco"), Vega Midstream MVP LLC, a Delaware limited liability company ("Vega"), and Mountain Valley Pipeline, LLC, a Delaware limited liability company (the "Company"). EQT, USG, WGL, Vega Carryco, Vega and the Company are sometimes re

Counterparts. This Amendment may be executed in any number of counterparts with the same effect as if all signing Parties had signed the same document. All counterparts shall be construed together and constitute the same instrument. A signature page to this Amendment or any other document prepared in connection with the transactions contemplated hereby which contains a copy of a Party's signature and which is sent by such Party or its agent with the apparent intention (as reasonably evidenced by the actions of such Party or its agent) that it constitute such Party's execution and delivery of this Amendment or such other document, including a document sent by facsimile transmission or by email in portable document format (pdf), shall have the same effect as if such Party had executed and delivered an original of this Amendment or such other document. Minor variations in the form of the signature page, including footers from earlier versions of this Amendment or any such other document, shall be disregarded in determining the Party's intent or the effectiveness of such signature.

Counterparts from Restated Limited Liability Company Agreement

This SECOND AMENDMENT (this "Amendment") TO SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (as amended, supplemented or otherwise modified from time to time, including by that certain First Amendment to Second Amended and Restated Limited Liability Company Agreement, dated January 21, 2016, the "Second A&R Agreement;" as modified by this Amendment, the "Agreement") OF MOUNTAIN VALLEY PIPELINE, LLC, dated March 10, 2015, is adopted, executed and agreed to as of October 24, 2016 by MVP Holdco, LLC, a Delaware limited liability company ("EQT"), US Marcellus Gas Infrastructure, LLC, a Delaware limited liability company ("USG"), WGL Midstream, Inc., a Delaware corporation ("WGL"), VED NPI IV, LLC, a Delaware limited liability company ("Vega Carryco"), Vega Midstream MVP LLC, a Delaware limited liability company ("Vega"), and Mountain Valley Pipeline, LLC, a Delaware limited liability company (the "Company"). EQT, USG, WGL, Vega Carryco, Vega and the Company are sometimes re

Counterparts. This Amendment may be executed in any number of counterparts with the same effect as if all signing Parties had signed the same document. All counterparts shall be construed together and constitute the same instrument. A signature page to this Amendment or any other document prepared in connection with the transactions contemplated hereby which contains a copy of a Party's signature and which is sent by such Party or its agent with the apparent intention (as reasonably evidenced by the actions of such Party or its agent) that it constitute such Party's execution and delivery of this Amendment or such other document, including a document sent by facsimile transmission or by email in portable document format (pdf), shall have the same effect as if such Party had executed and delivered an original of this Amendment or such other document. Minor variations in the form of the signature page, including footers from earlier versions of this Amendment or any such other document, shall be disregarded in determining the Party's intent or the effectiveness of such signature.

Counterparts from Assignment and Novation Agreement

This Assignment and Novation Agreement (this Agreement) is dated effective as of December 20, 2016 (the Effective Date), by and among Offshore Merchant Partners Asset Yield Fund, L.P., a Guernsey limited partnership (Fund), OMP AY Preferred Limited, a company with limited liability organized under the laws of the Republic of Malta (Investor); and KNOT Offshore Partners LP, a limited partnership organized under the laws of the Republic of the Marshall Islands (KNOP). Each of Fund, Investor and KNOP are sometimes referred to herein individually as a Party and collectively as the Parties.

Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original instrument, but all such counterparts together shall constitute but one agreement. A Partys delivery of an executed counterpart signature page by facsimile (or email) is as effective as executing and delivering this Agreement in the presence of the other Party. No Party shall be bound until such time as all of the Parties have executed counterparts of this Agreement.

Counterparts from Trademark License Agreement

This Trademark License Agreement (this Agreement), dated November 8, 2016 (the Effective Date), is by and between ConAgra Foods RDM, Inc. (Licensor), a Delaware corporation, and ConAgra Foods Lamb Weston, Inc., a Delaware corporation (Licensee). In this Agreement, Licensor and Licensee are each referred to as a Party and together as the Parties.

Counterparts. This Agreement may be executed in multiple counterparts (any one of which need not contain the signatures of more than one Party), each of which will be deemed to be an original but all of which taken together will constitute one and the same agreement. This Agreement, and any amendments hereto, to the extent signed and delivered by means of a facsimile machine or other electronic transmission, will be treated in all manner and respects as an original agreement and will be considered to have the same binding legal effects as if it were the original signed version thereof delivered in person. At the request of any Party, the other Party will re-execute original forms thereof and deliver them to the requesting Party.

Counterparts from Trademark License Agreement

This Trademark License Agreement (this Agreement), dated November 8, 2016 (the Effective Date), is by and between ConAgra Foods RDM, Inc. (Licensor), a Delaware corporation, and ConAgra Foods Lamb Weston, Inc., a Delaware corporation (Licensee). In this Agreement, Licensor and Licensee are each referred to as a Party and together as the Parties.

Counterparts. This Agreement may be executed in multiple counterparts (any one of which need not contain the signatures of more than one Party), each of which will be deemed to be an original but all of which taken together will constitute one and the same agreement. This Agreement, and any amendments hereto, to the extent signed and delivered by means of a facsimile machine or other electronic transmission, will be treated in all manner and respects as an original agreement and will be considered to have the same binding legal effects as if it were the original signed version thereof delivered in person. At the request of any Party, the other Party will re-execute original forms thereof and deliver them to the requesting Party.

Counterparts from Lease Agreement

This MASTER FACILITIES LEASE AGREEMENT (this "Agreement") is entered into on November 11, 2010 (the "Effective Date"), by and among BKEP Materials. L. L.C., a Texas limited liability company ("BKEP Materials"), BKEP Asphalt, L.L.C., a Texas limited liability company ("BKEP Asphalt" and together with BKEP Materials, "Lessor"), and Ergon Asphalt & Emulsions, Inc., a Mississippi corporation ("Lessee''). Lessor and Lessee arc sometimes referred to herein individually as a "Party'' and collectively as the "Parties:

Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which taken together shall be deemed one and the same instrument. Delivery of an executed signature page of this Agreement in Portable Document Format (pdf) or by facsimile transmission shall be effective as delivery of an executed original counterpart of this Agreement.

Counterparts from Agreement

This Agreement (this Agreement) is made and entered into as of October 17, 2016 by and among Depomed, Inc. (the Company) and the entities and natural persons set forth in the signature pages hereto (collectively, Starboard) (each of the Company and Starboard, a Party to this Agreement, and collectively, the Parties).

Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be considered one and the same agreement and shall become effective when counterparts have been signed by each of the Parties and delivered to the other Party (including by means of electronic delivery or facsimile).