Common use of Electronic Signatures Clause in Contracts

Electronic Signatures. Each of the transaction parties agrees on behalf of itself, and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered in connection with this Supplemental Indenture, the Indenture or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Company, any Guaranteeing Subsidiary or any other Guarantor to the Trustee shall be considered signed or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any similar federal or state law, rule or regulation, as the same may be in effect from time to time, and the parties hereby waive any objection to the contrary. Any document accepted, executed or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use of any third party electronic signature capture service providers as may be reasonably chosen by a signatory hereto.

Appears in 14 contracts

Samples: Tenth Supplemental Indenture (Clearway Energy LLC), Supplemental Indenture (Clearway Energy, Inc.), Supplemental Indenture (Clearway Energy LLC)

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Electronic Signatures. Each The words “execute,” “execution,” “signed,” “signature,” and words of like import in or related to any document to be signed by any Lender, Titled Agent, Issuing Bank or Swingline Lender (collectively, the transaction parties agrees on behalf of itself, and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered “Lender Parties”) in connection with this Supplemental IndentureAmendment and the transactions contemplated hereby shall be deemed to include electronic signatures, the Indenture electronic matching of assignment terms and contract formations on electronic platforms approved by the Administrative Agent, or any related documentthe keeping of records in electronic form, including without limitation any amendments or supplements to such documents, may be executed by electronic methods (whether by .pdf scan or utilization each of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Company, any Guaranteeing Subsidiary or any other Guarantor to the Trustee which shall be considered signed or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal effect, validity and or enforceability as a manually executed signature of such Lender Party or the use of a paper-based recordkeeping system with respect to such Lender Party, as the case may be, to the fullest extent permitted by and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal or state law, rule or regulation, as laws based on the same may be in effect from time to time, and the parties hereby waive any objection Uniform Electronic Transactions Act; provided that notwithstanding anything contained herein to the contrary. Any document accepted, executed the Administrative Agent is under no obligation to agree to accept electronic signatures from any Lender Party in any form or in any format unless expressly agreed to in conformity by the Administrative Agent pursuant to procedures approved by it. Each of the undersigned hereby (i) agrees that, for all purposes, electronic images of this Amendment (including with such laws will be binding on all parties hereto respect to any of the Lender Parties’ signature pages thereto) shall have the same extent legal effect, validity, admissibility into evidence and enforceability as if it were physically executed any paper original, and each party hereby consents (ii) waives any argument, defense or right to contest the use validity, admissibility into evidence or enforceability of this Amendment based solely on the lack of paper original copies hereof, including with respect to any third party electronic signature capture service providers as may be reasonably chosen by a signatory of the Lender Parties’ signatures hereto.

Appears in 12 contracts

Samples: Credit Agreement (Service Properties Trust), Credit Agreement (Office Properties Income Trust), Credit Agreement (Diversified Healthcare Trust)

Electronic Signatures. Each For the avoidance of the transaction parties agrees on behalf doubt, for all purposes of itself, this Indenture and any Person acting document to be signed or claiming by, under or through such transaction party, that any written instrument delivered in connection with or pursuant to this Supplemental Indenture (except where a manual signature is expressly required by the terms of this Indenture), the words “execution,” “execute,” “signed,” “signature,” “delivery,” and words of like import used in or related to any document signed in connection with this Indenture, the Indenture any Security or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companytransactions contemplated hereby (including amendments, any Guaranteeing Subsidiary or any waivers, consents and other Guarantor to the Trustee modifications) shall be considered signed deemed to include electronic signatures, deliveries or executed by such person on behalf the keeping of the Company, such Guaranteeing Subsidiary, or such other Guarantorrecords in electronic form, as applicable. Each the case may be, each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out which shall be of the use of electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal effect, validity and or enforceability as a manually executed signature signature, physical delivery or the use of a paper-based recordkeeping system, as the case may be, to the fullest extent permitted by and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or and any other similar federal or state law, rule or regulation, as laws based on the same may be in effect from time to time, Uniform Electronic Transactions Act and the parties hereby waive any objection hereto consent to conduct the transactions contemplated hereunder by electronic means, provided that, notwithstanding anything herein to the contrary. Any document accepted, executed the Trustee is not under any obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to in conformity with such laws will be binding on all by the Trustee pursuant to procedures approved by the Trustee. The exchange of copies of this Indenture and of signature pages by facsimile or PDF transmissions shall constitute effective execution and delivery of this Indenture as to the parties hereto to the same extent as if it were physically executed and each party hereby consents to the use of any third party electronic signature capture service providers as may be reasonably chosen used in lieu of the original Indenture for all purposes. Signatures of the parties hereto transmitted by a signatory heretofacsimile or PDF shall be deemed to be their original signatures for all purposes.

Appears in 9 contracts

Samples: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)

Electronic Signatures. Each of the transaction parties agrees on behalf of itself, and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered in connection with this Supplemental Indenture, the Indenture or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Company, any Guaranteeing Subsidiary or any other Guarantor to the Trustee shall be considered signed or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing SubsidiarySubsidiaries, and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any similar federal or state law, rule or regulation, as the same may be in effect from time to time, and the parties hereby waive any objection to the contrary. Any document accepted, executed or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use of any third party electronic signature capture service providers as may be reasonably chosen by a signatory hereto.

Appears in 6 contracts

Samples: Supplemental Indenture (Clearway Energy LLC), Fourth Supplemental Indenture (Clearway Energy LLC), Third Supplemental Indenture (Clearway Energy LLC)

Electronic Signatures. Each Delivery of the transaction parties agrees on behalf an executed counterpart of itselfa signature page to this Amendment by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format shall be effective as delivery of a manually executed counterpart of this Amendment for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Amendment and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered other Loan Document to be signed in connection with this Supplemental IndentureAmendment, the Indenture other Loan Documents and the transactions contemplated hereby and thereby shall be deemed to include Electronic Signatures, deliveries or any related documentthe keeping of records in electronic form, including without limitation any amendments or supplements to such documents, may each of which shall be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companysame legal effect, any Guaranteeing Subsidiary validity or any other Guarantor to the Trustee shall be considered signed enforceability as manually executed signature, physical delivery thereof or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including a paper-based recordkeeping system, as the authorizationcase may be, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, extent and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable lawprovided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Agent to accept electronic signatures in any form or state lawformat without its prior written consent. For the purposes hereof, rule “Electronic Signatures” means an electronic sound, symbol, or regulationprocess attached to, as or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record. Each of the parties hereto represents and warrants to the other parties hereto that it has the corporate capacity and authority to execute the Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documents. Without limiting the generality of the foregoing, each of Borrower and Guarantor hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among any of the Agent or the Lenders and any of Borrower or Guarantor, electronic images of this Agreement or any other Loan Document (in each case, including with respect to any signature pages thereto) shall have the same may be in effect from time to timelegal effect, validity and enforceability as any paper original, and (ii) waives any argument, defense or right to contest the parties hereby waive any objection to the contrary. Any document accepted, executed validity or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use enforceability of any third party electronic Loan Document based solely on the lack of paper original copies of such Loan Document, including with respect to any signature capture service providers as may be reasonably chosen by a signatory heretopages thereto.

Appears in 4 contracts

Samples: Credit Agreement (Kite Realty Group, L.P.), Term Loan Agreement (Kite Realty Group, L.P.), Term Loan Agreement (Kite Realty Group, L.P.)

Electronic Signatures. Each of the transaction parties agrees on behalf of itself, and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered in connection with this Supplemental Indenture, the Indenture or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Company, any Guaranteeing Subsidiary Company or any other Guarantor to the Trustee shall be considered signed or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, Company or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, Company and the other Guarantors agree agrees to assume all risks arising out of the use of electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any similar federal or state law, rule or regulation, as the same may be in effect from time to time, and the parties hereby waive any objection to the contrary. Any document accepted, executed or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use of any third party electronic signature capture service providers as may be reasonably chosen by a signatory hereto.

Appears in 4 contracts

Samples: Indenture (Clearway Energy LLC), Indenture (Clearway Energy, Inc.), Clearway Energy LLC

Electronic Signatures. Each Delivery of the transaction parties agrees on behalf an executed counterpart of itselfa signature page to this Amendment by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format shall be effective as delivery of a manually executed counterpart of this Amendment for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Amendment and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered other Loan Document to be signed in connection with this Supplemental IndentureAmendment, the Indenture other Loan Documents and the transactions contemplated hereby and thereby shall be deemed to include Electronic Signatures, deliveries or any related documentthe keeping of records in electronic form, including without limitation any amendments or supplements to such documents, may each of which shall be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companysame legal effect, any Guaranteeing Subsidiary validity or any other Guarantor to the Trustee shall be considered signed enforceability as manually executed signature, physical delivery thereof or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including a paper-based recordkeeping system, as the authorizationcase may be, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, extent and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable lawprovided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Agent to accept electronic signatures in any form or state lawformat without its prior written consent. For the purposes hereof, rule “Electronic Signatures” means an electronic sound, symbol, or regulationprocess attached to, as or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record. Each of the parties hereto represents and warrants to the other parties hereto that it has the corporate capacity and authority to execute this Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documents. Without limiting the generality of the foregoing, the Borrower hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among any of the Agent or the Lenders and any of the Borrower or Guarantors, electronic images of this Agreement or any other Loan Document (in each case, including with respect to any signature pages thereto) shall have the same may be in effect from time to timelegal effect, validity and enforceability as any paper original, and (ii) waives any argument, defense or right to contest the parties hereby waive any objection to the contrary. Any document accepted, executed validity or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use enforceability of any third party electronic Loan Document based solely on the lack of paper original copies of such Loan Document, including with respect to any signature capture service providers as may be reasonably chosen by a signatory heretopages thereto.

Appears in 3 contracts

Samples: Credit Agreement (Global Net Lease, Inc.), Credit Agreement (Global Net Lease, Inc.), Guaranty and Contribution Agreement (Global Net Lease, Inc.)

Electronic Signatures. Each of the transaction parties agrees on behalf of itself, and any Person acting or claiming by, under or through such transaction party, that any written This instrument delivered in connection with this Supplemental Indenture, the Indenture or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic methods (whether by .pdf scan or utilization in any number of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer counterparts, each of the Company, any Guaranteeing Subsidiary or any other Guarantor to the Trustee which so executed shall be considered signed or deemed to be an original, but all such counterparts shall together constitute but one and the same instrument. This Indenture shall be valid, binding, and enforceable against a party only when executed and delivered by such person an authorized individual on behalf of the Companyparty by means of (i) any electronic signature permitted by the federal Electronic Signatures in Global and National Commerce Act, state enactments of the Uniform Electronic Transactions Act, and/or any other relevant electronic signatures law, including relevant provisions of the [Uniform Commercial Code/UCC] (collectively, “Signature Law”); (ii) an original manual signature; or (iii) a faxed, scanned, or photocopied manual signature. Each electronic signature or faxed, scanned, or photocopied manual signature shall for all purposes have the same validity, legal effect, and admissibility in evidence as an original manual signature. Each party hereto shall be entitled to conclusively rely upon, and shall have no liability with respect to, any faxed, scanned, or photocopied manual signature, or other electronic signature, of any party and shall have no duty to investigate, confirm or otherwise verify the validity or authenticity thereof. This Indenture may be executed in any number of counterparts, each of which shall be deemed to be an original, but such Guaranteeing Subsidiarycounterparts shall, together, constitute one and the same instrument. For avoidance of doubt, original manual signatures shall be used for execution or indorsement of writings when required under the UCC or other Signature Law due to the character or intended character of the writings; provided that, notwithstanding anything herein to the contrary, the Trustee is not under any obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the Trustee pursuant to procedures approved by the Trustee. For the avoidance of doubt, all notices, approvals, consents, requests and any communications hereunder or with respect to the Securities must be in writing (provided that any communication sent to the Trustee hereunder must be in the form of a document that is signed manually or by way of a digital signature provided by DocuSign or Adobe (or such other Guarantordigital signature provider as specified in writing to the Trustee by the authorized representative), as applicablein English. Each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree The Company agrees to assume all risks arising out of the use of using digital signatures and electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to submit communications to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any similar federal or state law, rule or regulation, as the same may be in effect from time to time, and the parties hereby waive any objection to the contrary. Any document accepted, executed or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use of any third party electronic signature capture service providers as may be reasonably chosen by a signatory hereto.

Appears in 2 contracts

Samples: Indenture (Church & Dwight Co Inc /De/), Church & Dwight Co Inc /De/

Electronic Signatures. Each Delivery of the transaction parties agrees on behalf an executed counterpart of itselfa signature page to this Amendment by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format shall be effective as delivery of a manually executed counterpart of this Amendment for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Amendment and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered other Loan Document to be signed in connection with this Supplemental IndentureAmendment, the Indenture other Loan Documents and the transactions contemplated hereby and thereby shall be deemed to include Electronic Signatures, deliveries or any related documentthe keeping of records in electronic form, including without limitation any amendments or supplements to such documents, may each of which shall be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companysame legal effect, any Guaranteeing Subsidiary validity or any other Guarantor to the Trustee shall be considered signed enforceability as manually executed signature, physical delivery thereof or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including a paper-based recordkeeping system, as the authorizationcase may be, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, extent and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable lawprovided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Agent to accept electronic signatures in any form or state lawformat without its prior written consent. For the purposes hereof, rule “Electronic Signatures” means an electronic sound, symbol, or regulationprocess attached to, as or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record. Each of the parties hereto represents and warrants to the other parties hereto that it has the corporate capacity and authority to execute the Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documents. Without limiting the generality of the foregoing, the Borrower hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among any of the Agent or the Lenders and any of the Borrower or Guarantors, electronic images of this Agreement or any other Loan Document (in each case, including with respect to any signature pages thereto) shall have the same may be in effect from time to timelegal effect, validity and enforceability as any paper original, and (ii) waives any argument, defense or right to contest the parties hereby waive any objection to the contrary. Any document accepted, executed validity or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use enforceability of any third party electronic Loan Document based solely on the lack of paper original copies of such Loan Document, including with respect to any signature capture service providers as may be reasonably chosen by a signatory heretopages thereto.

Appears in 2 contracts

Samples: Credit Agreement (Modiv Inc.), Senior Secured Credit Agreement (Healthcare Trust, Inc.)

Electronic Signatures. Each Delivery of an executed counterpart of a signature page of this Agreement by telecopy, emailed pdf. or any other electronic means that reproduces an image of the transaction parties agrees on behalf actual executed signature page shall be effective as delivery of itself, a manually executed counterpart of this Agreement. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered other document to be signed in connection with this Supplemental Indenture, Agreement and the Indenture or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Company, any Guaranteeing Subsidiary or any other Guarantor to the Trustee transactions contemplated hereby shall be considered signed deemed to include Electronic Signatures, deliveries or executed by such person on behalf the keeping of the Companyrecords in electronic form, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out which shall be of the use of electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal effect, validity and or enforceability as a manually executed signature signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the fullest extent permitted by and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Administrative Agent to accept electronic signatures in any form or state lawformat without its prior written consent, rule or regulationprovided that, as the same may be in effect from time Administrative Agent hereby agrees to timeaccept, and the parties hereby waive any objection to the contrary. Any document accepted, executed or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use of, electronic signatures to this Agreement from all parties hereto. Without limiting the generality of the foregoing, the Borrower hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among the Administrative Agent, the Lenders and the Borrower, electronic images of this Agreement or any other Loan Documents (in each case, including with respect to any signature pages thereto) shall have the same legal effect, validity and enforceability as any paper original, and (ii) waives any argument, defense or right to contest the validity or enforceability of the Loan Documents based solely on the lack of paper original copies of any third party electronic Loan Documents, including with respect to any signature capture service providers as may pages thereto. Upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be reasonably chosen followed by a signatory heretomanually executed counterpart thereof, if and when reasonably practicable.

Appears in 2 contracts

Samples: Credit Agreement (KKR & Co. Inc.), Credit Agreement (KKR & Co. Inc.)

Electronic Signatures. Each Delivery of the transaction parties agrees on behalf an executed counterpart of itselfa signature page to this Amendment by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format shall be effective as delivery of a manually executed counterpart of this Amendment for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Amendment and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered other Loan Document to be signed in connection with this Supplemental IndentureAmendment, the Indenture other Loan Documents and the transactions contemplated hereby and thereby shall be deemed to include Electronic Signatures, deliveries or any related documentthe keeping of records in electronic form, including without limitation any amendments or supplements to such documents, may each of which shall be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companysame legal effect, any Guaranteeing Subsidiary validity or any other Guarantor to the Trustee shall be considered signed enforceability as manually executed signature, physical delivery thereof or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including a paper-based recordkeeping system, as the authorizationcase may be, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, extent and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable lawprovided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Agent to accept electronic signatures in any form or state lawformat without its prior written consent. For the purposes hereof, rule “Electronic Signatures” means an electronic sound, symbol, or regulationprocess attached to, as or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record. Each of the parties hereto represents and warrants to the other parties hereto that it has the corporate capacity and authority to execute the Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documents. Without limiting the generality of the foregoing, the Borrower hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among any of the Agent or the Lenders and any of the Borrower or Guarantors, electronic images of this Agreement or any other Loan Document (in each case, including with respect to any signature pages thereto) shall have the same may be in effect from time to timelegal effect, validity and enforceability as any paper original, and (ii) waives any argument, defense or right to contest the parties hereby waive any objection to the contrary. Any document accepted, executed validity or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use enforceability of any third party electronic Loan Document based solely on the lack of paper original copies of such Loan Document, including with respect to any signature capture service providers as may be reasonably chosen by a signatory hereto.pages thereto. US_Active\119726713\V-3

Appears in 1 contract

Samples: Secured Credit Agreement (Healthcare Trust, Inc.)

Electronic Signatures. Each Delivery of the transaction parties agrees on behalf an executed counterpart of itselfa signature page to this Amendment by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format shall be effective as delivery of a manually executed counterpart of this Amendment for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Amendment and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered other Loan Document to be signed in connection with this Supplemental IndentureAmendment, the Indenture other Loan Documents and the transactions contemplated hereby and thereby shall be deemed to include Electronic Signatures, deliveries or any related documentthe keeping of records in electronic form, including without limitation any amendments or supplements to such documents, may each of which shall be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companysame legal effect, any Guaranteeing Subsidiary validity or any other Guarantor to the Trustee shall be considered signed enforceability as manually executed signature, physical delivery thereof or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including a paper-based recordkeeping system, as the authorizationcase may be, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, extent and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable lawprovided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Agent to accept electronic signatures in any form or state lawformat without its prior written consent. For the purposes hereof, rule “Electronic Signatures” means an electronic sound, symbol, or regulationprocess attached to, as or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record. Each of the parties hereto represents and warrants to the other parties hereto that it has the corporate capacity and authority to execute the Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documents. Without limiting the generality of the foregoing, the Borrower hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings US_Active\114995748\V-5 or litigation among any of the Agent or the Lenders and any of the Borrower or Guarantors, electronic images of this Agreement or any other Loan Document (in each case, including with respect to any signature pages thereto) shall have the same may be in effect from time to timelegal effect, validity and enforceability as any paper original, and (ii) waives any argument, defense or right to contest the parties hereby waive any objection to the contrary. Any document accepted, executed validity or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use enforceability of any third party electronic Loan Document based solely on the lack of paper original copies of such Loan Document, including with respect to any signature capture service providers as may be reasonably chosen by a signatory heretopages thereto.

Appears in 1 contract

Samples: Credit Agreement (Carter Validus Mission Critical REIT II, Inc.)

Electronic Signatures. Each of the transaction parties agrees on behalf of itselfAll notices, approvals, consents, requests and any Person acting or claiming by, under or through such transaction party, communications hereunder must be in writing (provided that any written instrument delivered in connection with this Supplemental Indenture, the Indenture or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Company, any Guaranteeing Subsidiary or any other Guarantor communication sent to the Trustee shall hereunder must be considered in the form of a document that is signed manually or executed by such person on behalf way of the Companya digital signature provided by DocuSign, such Guaranteeing Subsidiary, AdobeSign (or such other Guarantor, digital signature provider as applicable. Each of specified in writing to Trustee by the Company)), the Guaranteeing Subsidiary, and the other Guarantors agree in English. The Company agrees to assume all risks arising out of the use of using digital signatures and electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to submit communications to the Trustee, including including, without limitation limitation, the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any Unless otherwise provided in this Indenture or in any Note, the words “execute”, “execution”, “signed”, and “signature” and words of similar import used in or related to any ​ document to be signed in connection with this Indenture, any Note or any of the transactions contemplated hereby (including amendments, waivers, consents and other modifications) will be deemed to include electronic signature shall have signatures and the keeping of records in electronic form, each of which will be, except with respect to authentication of the Notes by the Trustee, of the same legal effect, validity and or enforceability as a manually executed signature in ink or the use of a paper-based recordkeeping system, as applicable, to the fullest extent permitted by and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or and any other similar federal or state lawlaws based on the Uniform Electronic Transactions Act, rule or regulationprovided that, as the same may be in effect from time to time, and the parties hereby waive any objection notwithstanding anything herein to the contrary. Any document accepted, executed the Trustee is not under any obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to in conformity with such laws will be binding on all parties hereto by the Trustee pursuant to reasonable procedures approved by the same extent as if it were physically executed and each party hereby consents to the use of any third party electronic signature capture service providers as may be reasonably chosen by a signatory heretoTrustee.

Appears in 1 contract

Samples: Indenture (Axon Enterprise, Inc.)

Electronic Signatures. Each Delivery of an executed counterpart of a signature page of this Agreement by telecopy, emailed pdf. or any other electronic means that reproduces an image of the transaction parties agrees on behalf actual executed signature page shall be effective as delivery of itself, a manually executed counterpart of this Agreement. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered other document to be signed in connection with this Supplemental Indenture, Agreement and the Indenture or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Company, any Guaranteeing Subsidiary or any other Guarantor to the Trustee transactions contemplated hereby shall be considered signed deemed to include Electronic Signatures, deliveries or executed by such person on behalf the keeping of the Companyrecords in electronic form, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out which shall be of the use of electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal effect, validity and or enforceability as a manually executed signature signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the fullest extent permitted by and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Administrative Agent to accept electronic signatures in any form or state lawformat without its prior written consent, rule or regulationprovided that, as the same may be in effect from time Administrative Agent hereby agrees to timeaccept, and the parties hereby waive any objection to the contrary. Any document accepted, executed or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use of, electronic signatures to this Agreement from all parties hereto. Without limiting the generality of the foregoing, the Borrower hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among the Administrative Agent, the Lenders and the Borrower, electronic images of this Agreement or any other Loan Documents (in each case, including with respect to any signature pages thereto) shall have the same legal effect, validity and enforceability as any paper original, and (ii) waives any argument, defense or right to contest the validity or enforceability of the Loan Documents based solely on the lack of paper original copies of any third party electronic Loan Documents, including with respect to any signature capture service providers as may pages thereto. Upon the request of the Administrative Agent or any Lender, any 141 Electronic Signature shall be reasonably chosen followed by a signatory heretomanually executed counterpart thereof, if and when reasonably practicable.

Appears in 1 contract

Samples: Credit Agreement (KKR & Co. Inc.)

Electronic Signatures. Each Delivery of an executed counterpart of a signature page of this Agreement by telecopy, emailed pdf. or any other electronic means that reproduces an image of the transaction parties agrees on behalf actual executed signature page shall be effective as delivery of itself, a manually executed counterpart of this Agreement. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered other document to be signed in connection with this Supplemental Indenture, Agreement and the Indenture or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Company, any Guaranteeing Subsidiary or any other Guarantor to the Trustee transactions contemplated hereby shall be considered signed deemed to include Electronic Signatures, deliveries or executed by such person on behalf the keeping of the Companyrecords in electronic form, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out which shall be of the use of electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal effect, validity and or enforceability as a manually executed signature signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the fullest extent permitted by and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Administrative Agent to accept electronic signatures in any form or state lawformat without its prior written consent, rule or regulationprovided that, as the same may be in effect from time Administrative Agent hereby agrees to timeaccept, and the parties hereby waive any objection to the contrary. Any document accepted, executed or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use of, electronic signatures to this Agreement from all parties hereto. Without limiting the generality of the foregoing, the Borrower hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among the Administrative Agent, the Lenders and the Borrower, electronic images of this Agreement or any other Loan Documents (in each case, including 131 with respect to any signature pages thereto) shall have the same legal effect, validity and enforceability as any paper original, and (ii) waives any argument, defense or right to contest the validity or enforceability of the Loan Documents based solely on the lack of paper original copies of any third party electronic Loan Documents, including with respect to any signature capture service providers as may pages thereto. Upon the request of the Administrative Agent or any Lender, any Electronic Signature shall be reasonably chosen followed by a signatory heretomanually executed counterpart thereof, if and when reasonably practicable.

Appears in 1 contract

Samples: Credit Agreement (KKR & Co. Inc.)

Electronic Signatures. Each of the transaction parties agrees on behalf of itselfAll notices, approvals, consents, requests and any Person acting or claiming by, under or through such transaction party, communications hereunder must be in writing (provided that any written instrument delivered in connection with this Supplemental Indenture, the Indenture or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Company, any Guaranteeing Subsidiary or any other Guarantor communication sent to the Trustee shall hereunder must be considered in the form of a document that is signed manually or executed by such person on behalf way of the Companya digital signature provided by DocuSign, such Guaranteeing Subsidiary, AdobeSign (or such other Guarantor, digital signature provider as applicable. Each of specified in writing to Trustee by the Company)), the Guaranteeing Subsidiary, and the other Guarantors agree in English. The Company agrees to assume all risks arising out of the use of using digital signatures and electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to submit communications to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any Unless otherwise provided in this Indenture or in any Note, the words “execute”, “execution”, “signed”, and “signature” and words of similar import used in or related to any document to be signed in connection with this Indenture, any Note or any of the transactions contemplated hereby (including amendments, waivers, consents and other modifications) will be deemed to include electronic signature shall have signatures and the keeping of records in electronic form, each of which will be, except with respect to authentication of the Notes by the Trustee, of the same legal effect, validity and or enforceability as a manually executed signature in ink or the use of a paper-based recordkeeping system, as applicable, to the fullest extent permitted by and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or and any other similar federal or state lawlaws based on the Uniform Electronic Transactions Act, rule or regulationprovided that, as the same may be in effect from time to time, and the parties hereby waive any objection notwithstanding anything herein to the contrary. Any document accepted, executed the Trustee is not under any obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to in conformity with such laws will be binding on all parties hereto by the Trustee pursuant to reasonable procedures approved by the same extent as if it were physically executed and each party hereby consents to the use of any third party electronic signature capture service providers as may be reasonably chosen by a signatory hereto.Trustee. 100

Appears in 1 contract

Samples: Indenture (Semtech Corp)

Electronic Signatures. Each Delivery of the transaction parties agrees on behalf an executed counterpart of itselfa signature page to this Amendment by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format shall be effective as delivery of a manually executed counterpart of this Amendment for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Amendment and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered other Loan Document to be signed in connection with this Supplemental IndentureAmendment, the Indenture other Loan Documents and the transactions contemplated hereby and thereby shall be deemed to include Electronic Signatures, deliveries or any related documentthe keeping of records in electronic form, including without limitation any amendments or supplements to such documents, may each of which shall be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companysame legal effect, any Guaranteeing Subsidiary validity or any other Guarantor to the Trustee shall be considered signed enforceability as manually executed signature, physical delivery thereof or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including a paper-based recordkeeping system, as the authorizationcase may be, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, extent and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable lawprovided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Agent to accept electronic signatures in any form or state lawformat without its prior written consent. For the purposes hereof, rule “Electronic Signatures” means an electronic sound, symbol, or regulationprocess attached to, as or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record. Each of the parties hereto represents and warrants to the other parties hereto that it has the corporate capacity and authority to execute the Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documents. Without limiting the generality of the foregoing, the Borrower hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among any of the Agent or the Lenders and any of the Borrower or Guarantors, electronic images of this Agreement or any other Loan Document (in each case, including with respect to any signature pages thereto) shall have the same may be in effect from time to timelegal effect, validity and enforceability as any paper original, and (ii) waives any argument, defense or right to contest the parties hereby waive any objection to the contrary. Any document accepted, executed validity or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use enforceability of any third party electronic Loan Document based solely on the lack of paper original copies of such Loan Document, including with respect to any signature capture service providers as may be reasonably chosen by a signatory hereto.pages thereto. US_ACTIVE\122017991\V-3

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Healthcare Trust, Inc.)

Electronic Signatures. Each of the transaction parties agrees on behalf of itselfAll notices, approvals, consents, requests and any Person acting or claiming by, under or through such transaction party, communications hereunder must be in writing (provided that any written instrument delivered in connection with this Supplemental Indenture, the Indenture or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Company, any Guaranteeing Subsidiary or any other Guarantor communication sent to the Trustee shall hereunder must be considered in the form of a document that is signed manually or executed by such person on behalf way of the Companya digital signature provided by DocuSign, such Guaranteeing Subsidiary, AdobeSign (or such other Guarantor, digital signature provider as applicable. Each of specified in writing to Trustee by the Company)), the Guaranteeing Subsidiary, and the other Guarantors agree in English. The Company agrees to assume all risks arising out of the use of using digital signatures and electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to submit communications to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any Unless otherwise provided in this Indenture or in any Note, the words “execute”, “execution”, “signed”, and “signature” and words of similar import used in or related to any document to be signed in connection with this Indenture, any Note or any of the transactions contemplated hereby (including amendments, waivers, consents and other modifications) will be deemed to include electronic signature shall have signatures and the keeping of records in electronic form, each of which will be, except with respect to authentication of the Notes by the Trustee, of the same legal effect, validity and or enforceability as a manually executed signature in ink or the use of a paper-based recordkeeping system, as applicable, to the fullest extent permitted by and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or and any other similar federal or state lawlaws based on the Uniform Electronic Transactions Act, rule or regulationprovided that, as the same may be in effect from time to time, and the parties hereby waive any objection notwithstanding anything herein to the contrary. Any document accepted, executed the Trustee is not under any obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to in conformity with such laws will be binding on all parties hereto by the Trustee pursuant to reasonable procedures approved by the same extent as if it were physically executed and each party hereby consents to the use of any third party electronic signature capture service providers as may be reasonably chosen by a signatory heretoTrustee.

Appears in 1 contract

Samples: Semtech Corp

Electronic Signatures. Each Delivery of the transaction parties agrees on behalf an executed counterpart of itselfa signature page to this Amendment by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format shall be effective as delivery of a manually executed counterpart of this Amendment for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Amendment and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered other Loan Document to be signed in connection with this Supplemental IndentureAmendment, the Indenture other Loan Documents and the transactions contemplated hereby and thereby shall be deemed to include Electronic Signatures, deliveries or any related documentthe keeping of records in electronic form, including without limitation any amendments or supplements to such documents, may each of which shall be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companysame legal effect, any Guaranteeing Subsidiary validity or any other Guarantor to the Trustee shall be considered signed enforceability as manually executed signature, physical delivery thereof or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including a paper-based recordkeeping system, as the authorizationcase may be, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, extent and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable lawprovided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Agent to accept electronic signatures in any form or state lawformat without its prior written consent. For the purposes hereof, rule “Electronic Signatures” means an electronic sound, symbol, or regulationprocess attached to, as or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record. Each of the parties hereto represents and warrants to the other parties hereto that it has the corporate capacity and authority to execute the Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documents. Without limiting the generality of the foregoing, each of Borrower and Guarantor hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among any of the Agent or the Lenders and any of Borrower or Guarantor, electronic images of this Amendment or any other Loan Document (in each case, including with respect to any signature pages thereto) shall have the same may be in effect from time to timelegal effect, validity and enforceability as any paper original, and (ii) waives any argument, defense or right to contest the parties hereby waive any objection to the contrary. Any document accepted, executed validity or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use enforceability of any third party electronic Loan Document based solely on the lack of paper original copies of such Loan Document, including with respect to any signature capture service providers as may be reasonably chosen by a signatory hereto.pages thereto. US_ACTIVE\122555919\V-2

Appears in 1 contract

Samples: Term Loan Agreement (Kite Realty Group, L.P.)

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Electronic Signatures. Each Delivery of the transaction parties agrees on behalf an executed counterpart of itselfa signature page to this Amendment by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format shall be effective as delivery of a manually executed counterpart of this Amendment for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Amendment and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered other Loan Document to be signed in connection with this Supplemental IndentureAmendment, the Indenture other Loan Documents and the transactions contemplated hereby and thereby shall be deemed to include Electronic Signatures, deliveries or any related documentthe keeping of records in electronic form, including without limitation any amendments or supplements to such documents, may each of which shall be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companysame legal effect, any Guaranteeing Subsidiary validity or any other Guarantor to the Trustee shall be considered signed enforceability as manually executed signature, physical delivery thereof or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including a paper-based recordkeeping system, as the authorizationcase may be, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, extent and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable lawprovided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require Administrative Agent to accept electronic signatures in any form or state lawformat without its prior written consent. For the purposes hereof, rule “Electronic Signatures” means an electronic sound, symbol, or regulationprocess attached to, as or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record. Each of the parties hereto represents and warrants to the other parties hereto that it has the corporate capacity and authority to execute the Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documents. Without limiting the generality of the foregoing, each Borrower and Guarantor hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among any of Administrative Agent or the Lenders and any of the Borrowers or Guarantors, electronic images of this Amendment or any other Loan Document (in each case, including with respect to any signature pages thereto) shall have the same may be in effect from time to timelegal effect, validity and enforceability as any paper original, and (ii) waives any argument, defense or right to contest the parties hereby waive any objection to the contrary. Any document accepted, executed validity or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use enforceability of any third party electronic Loan Document based solely on the lack of paper original copies of such Loan Document, including with respect to any signature capture service providers as may be reasonably chosen by a signatory heretopages thereto.

Appears in 1 contract

Samples: Secured Credit Agreement (American Healthcare REIT, Inc.)

Electronic Signatures. Each of the transaction parties agrees on behalf of itselfAll notices, approvals, consents, requests and any Person acting or claiming by, under or through such transaction party, communications hereunder must be in writing (provided that any written instrument delivered in connection with this Supplemental Indenture, the Indenture or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Company, any Guaranteeing Subsidiary or any other Guarantor communication sent to the Trustee shall hereunder must be considered in the form of a document that is signed manually or executed by such person on behalf way of the Companya digital signature provided by DocuSign, such Guaranteeing Subsidiary, AdobeSign (or such other Guarantor, digital signature provider as applicable. Each of specified in writing to Trustee by the Company), the Guaranteeing Subsidiary, and the other Guarantors agree in English. The Company agrees to assume all risks arising out of the use of using digital signatures and electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to submit communications to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any Unless otherwise provided in this Indenture or in any Note, the words “execute”, “execution”, “signed”, and “signature” and words of similar import used in or related to any document to be signed in connection with this Indenture, any Note or any of the transactions contemplated hereby (including amendments, waivers, consents and other modifications) will be deemed to include electronic signature shall have signatures and the keeping of records in electronic form, each of which will be, except with respect to authentication of the Notes by the Trustee, of the same legal effect, validity and or enforceability as a manually executed signature in ink or the use of a paper-based recordkeeping system, as applicable, to the fullest extent permitted by and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or and any other similar federal or state lawlaws based on the Uniform Electronic Transactions Act, rule or regulationprovided that, as the same may be in effect from time to time, and the parties hereby waive any objection notwithstanding anything herein to the contrary. Any document accepted, executed the Trustee is not under any obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to in conformity with such laws will be binding on all parties hereto by the Trustee pursuant to reasonable procedures approved by the same extent as if it were physically executed and each party hereby consents to the use of any third party electronic signature capture service providers as may be reasonably chosen by a signatory heretoTrustee.

Appears in 1 contract

Samples: Indenture (John Bean Technologies CORP)

Electronic Signatures. Each Delivery of the transaction parties agrees on behalf an executed counterpart of itselfa signature page to this Amendment by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format shall be effective as delivery of a manually executed counterpart of this Amendment for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Amendment and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered other Loan Document to be signed in connection with this Supplemental IndentureAmendment, the Indenture other Loan Documents and the transactions contemplated hereby and thereby shall be deemed to include Electronic Signatures, deliveries or any related documentthe keeping of records in electronic form, including without limitation any amendments or supplements to such documents, may each of which shall be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companysame legal effect, any Guaranteeing Subsidiary validity or any other Guarantor to the Trustee shall be considered signed enforceability as manually executed signature, physical delivery thereof or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including a paper-based recordkeeping system, as the authorizationcase may be, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, extent and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable lawprovided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Agent to accept electronic signatures in any form or state lawformat without its prior written consent. For the purposes hereof, rule “Electronic Signatures” means an electronic sound, symbol, or regulationprocess attached to, as or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record. Each of the parties hereto represents and warrants to the other parties hereto that it has the corporate capacity and authority to execute the Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documents. Without limiting the generality of the foregoing, each of Borrower and Guarantor hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among any of the Agent or the Lenders and any of Borrower or Guarantor, electronic images of this Agreement or any other Loan Document (in each case, including with respect to any signature pages thereto) shall have the same may be in effect from time to timelegal effect, validity and enforceability as any paper original, and (ii) waives any argument, defense or right to contest the parties hereby waive any objection to the contrary. Any document accepted, executed validity or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use enforceability of any third party electronic Loan Document based solely on the lack of paper original copies of such Loan Document, including with respect to any signature capture service providers as may be reasonably chosen by a signatory hereto.pages thereto. US_ACTIVE\121811670\V-3

Appears in 1 contract

Samples: Credit Agreement (GTJ Reit, Inc.)

Electronic Signatures. Each Facsimile, documents executed, scanned and transmitted electronically and electronic signatures, including those created or transmitted through a software platform or application, shall be deemed original signatures for purposes of this Indenture and all other Note Documents and all matters and agreements related thereto, with such facsimile, scanned and electronic signatures having the transaction same legal effect as original signatures. The parties agrees on behalf of itself, and any Person acting or claiming by, under or through such transaction party, agree that any written instrument delivered in connection with this Supplemental Indenture, the Indenture or any other Note Documents or any instrument, agreement or document necessary for the consummation of the transactions contemplated by this Indenture or the other Note Documents or related documenthereto or thereto (including, including without limitation any amendments limitation, addendums, amendments, notices, instructions, communications with respect to the delivery of securities or supplements to such documents, the wire transfer of funds or other communications) (“Executed Documentation”) may be accepted, executed by electronic methods (whether by .pdf scan or utilization agreed to through the use of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companyin accordance with applicable laws, any Guaranteeing Subsidiary or any other Guarantor to the Trustee shall be considered signed or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, rules and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any similar federal or state law, rule or regulation, as the same may be regulations in effect from time to time, and the parties hereby waive any objection time applicable to the contraryeffectiveness and enforceability of electronic signatures. Any document Executed Documentation accepted, executed or agreed to in conformity with such laws laws, rules and regulations will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use of any third party electronic signature capture service providers as may be reasonably chosen by a signatory heretohereto or thereto. When the Trustee, Agent and Collateral Agent act on any Executed Documentation sent by electronic transmission, the Trustee, Agent and Collateral Agent will not be responsible or liable for any losses, costs or expenses arising directly or indirectly from their reliance upon and compliance with such Executed Documentation, notwithstanding that such Executed Documentation (a) may not be an authorized or authentic communication of the party involved or in the form such party sent or intended to send (whether due to fraud, distortion or otherwise) or (b) may conflict with, or be inconsistent with, a subsequent written instruction or communication; it being understood and agreed that the Trustee, Agent and Collateral Agent shall conclusively presume that Executed Documentation that purports to have been sent by an authorized officer of a Person has been sent by an authorized officer of such Person. The party providing Executed Documentation through electronic transmission or otherwise with electronic signatures agrees to assume all risks arising out of such electronic methods, including, without limitation, the risk of the Trustee, Agent and Collateral Agent acting on unauthorized instructions and the risk of interception and misuse by third parties.

Appears in 1 contract

Samples: Indenture (Target Hospitality Corp.)

Electronic Signatures. (a) Each of the transaction parties agrees on behalf of itself, and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered hereto consents to do business electronically in connection with this Supplemental IndentureAgreement, any other Transaction Document and the Indenture transactions contemplated hereby or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic methods (whether by .pdf scan or utilization thereby. Delivery of an electronic executed counterpart of a signature platform or application). Any electronic signature document delivered via email from an Officer page of the Company, any Guaranteeing Subsidiary this Agreement or any other Guarantor to Transaction Documents by telecopy, emailed pdf. or any other electronic means that reproduces an image of the Trustee actual executed signature page shall be considered signed or effective as delivery of a manually executed by such person on behalf counterpart of the Company, such Guaranteeing Subsidiary, this Agreement or such other GuarantorTransaction Document. (b) The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document, as applicable. Each of the Companyinstrument, the Guaranteeing Subsidiaryamendment, restatement, modification, reaffirmation, assignment and acceptance or other agreement to be signed in connection with this Agreement, any other Transaction Document and the other Guarantors agree transactions contemplated hereby or thereby shall be deemed to assume all risks arising out include Electronic Signatures, deliveries or the keeping of the use records in electronic form, each of electronic methods for all purposes including the authorization, execution, delivery, or submission which shall be of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal effect, validity and enforceability as a manually executed signature signature, physical delivery thereof or the use of a paper‐based recordkeeping system, as the case may be, to the fullest extent permitted by applicable lawand as provided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, Uniform Real Property Electronic Recording Act, if applicable, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act, if applicable; provided that nothing herein shall require the Lender to accept Electronic Signatures in any form or state lawformat without its prior written consent, rule which consent can be withheld in its sole discretion. The Lenders hereby consent to Electronic Signatures being provided by DocuSign. (c) Without limiting the generality of the foregoing, and to the extent permitted by Applicable Law, each of the parties hereto hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings, other proceedings or regulationlitigation arising out of or related to this Agreement, as the other Transaction Documents and the transactions contemplated hereby or thereby, electronic images of this Agreement or any other Transaction Documents (in each case, including with respect to any signature pages thereto) shall have the same may be in effect from time to timelegal effect, validity and enforceability as any paper original, and (ii) waives any argument, defense or right to contest the parties hereby waive any objection to the contrary. Any document acceptedvalidity or enforceability of this Agreement, executed or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use of any third party electronic signature capture service providers as may be reasonably chosen by a signatory hereto.the

Appears in 1 contract

Samples: Loan and Servicing Agreement (White Mountains Insurance Group LTD)

Electronic Signatures. Each Delivery of the transaction parties agrees on behalf an executed counterpart of itselfa signature page to this Amendment by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format shall be effective as delivery of a manually executed counterpart of this Amendment for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Amendment and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered other Loan Document to be signed in connection with this Supplemental IndentureAmendment, the Indenture other Loan Documents and the transactions contemplated hereby and thereby shall be deemed to include Electronic Signatures, deliveries or any related documentthe keeping of records in electronic form, including without limitation any amendments or supplements to such documents, may each of which shall be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companysame legal effect, any Guaranteeing Subsidiary validity or any other Guarantor to the Trustee shall be considered signed enforceability as manually executed signature, physical delivery thereof or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including a paper-based recordkeeping system, as the authorizationcase may be, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, extent and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable lawprovided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require Agent to accept electronic signatures in any form or state lawformat without its prior written consent. For the purposes hereof, rule “Electronic Signatures” means an electronic sound, symbol, or regulationprocess attached to, as or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record. Each of the parties hereto represents and warrants to the other parties hereto that it has the corporate capacity and authority to execute this Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documents. Without limiting the generality of the foregoing, the Borrower hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among any of Agent or the Lenders and any of the Borrower or Guarantors, electronic images of this Agreement or any other Loan Document (in each case, including with respect to any signature pages thereto) shall have the same may be in effect from time to timelegal effect, validity and enforceability as any paper original, and (ii) waives any argument, defense or right to contest the parties hereby waive any objection to the contrary. Any document accepted, executed validity or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use enforceability of any third party electronic Loan Document based solely on the lack of paper original copies of such Loan Document, including with respect to any signature capture service providers as may be reasonably chosen by a signatory heretopages thereto.

Appears in 1 contract

Samples: Credit Agreement (Global Net Lease, Inc.)

Electronic Signatures. Each Delivery of the transaction parties agrees on behalf an executed counterpart of itselfa signature page to this Amendment by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format shall be effective as delivery of a manually executed counterpart of this Amendment for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Amendment and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered other Loan Document to be signed in connection with this Supplemental IndentureAmendment, the Indenture other Loan Documents and the transactions contemplated hereby and thereby shall be deemed to include Electronic Signatures, deliveries or any related documentthe keeping of records in electronic form, including without limitation any amendments or supplements to such documents, may each of which shall be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companysame legal effect, any Guaranteeing Subsidiary validity or any other Guarantor to the Trustee shall be considered signed enforceability as manually executed signature, physical delivery thereof or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including a paper-based recordkeeping system, as the authorizationcase may be, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, extent and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable lawprovided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Agent to accept electronic signatures in any form or state lawformat without its prior written consent. For the purposes hereof, rule “Electronic Signatures” means an electronic sound, symbol, or regulationprocess attached to, as or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record. Each of the parties hereto represents and warrants to the other parties hereto that it has the corporate capacity and authority to execute the Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documents. Without limiting the generality of the foregoing, the Borrower hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among any of the Agent or the Lenders and any of the Borrower or Guarantors, electronic images of this Agreement or any other Loan Document (in each case, including with respect to any signature pages thereto) shall have the same may be in effect from time to timelegal effect, validity and enforceability as any paper US_Active\115039588\V-3 original, and (ii) waives any argument, defense or right to contest the parties hereby waive any objection to the contrary. Any document accepted, executed validity or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use enforceability of any third party electronic Loan Document based solely on the lack of paper original copies of such Loan Document, including with respect to any signature capture service providers as may be reasonably chosen by a signatory heretopages thereto.

Appears in 1 contract

Samples: Term Loan Agreement (Carter Validus Mission Critical REIT II, Inc.)

Electronic Signatures. Each of the transaction parties agrees on behalf of itself, and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered hereto hereby expressly (i) consents to do business electronically in connection with this Supplemental IndentureAmendment and the transactions contemplated hereby and (ii) acknowledges and agrees that delivery of an executed counterpart of a signature page of (x) this Amendment and the Consent and Agreement of Guarantor attached hereto, the Indenture or Note, and any related documentand each other Loan Document and (y) any Assignment and Assumption, including without limitation in any amendments or supplements to such documents, may be executed by electronic methods event (whether or not expressly provided therein), by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companytelecopy, any Guaranteeing Subsidiary emailed .pdf, .tif, or any other Guarantor to electronic means that reproduces an image of the Trustee actual manually executed signature page shall be considered signed or effective as delivery of a manually executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor(and, as may be applicable, notarized) counterpart of any and each such Loan Document or Assignment and Assumption. Each The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the Companytransactions contemplated hereby shall be deemed to include electronic signatures, the Guaranteeing Subsidiaryelectronic association of signatures and records on electronic platforms, and deliveries or the other Guarantors agree to assume all risks arising out keeping of the use records in electronic form, each of electronic methods for all purposes including the authorization, execution, delivery, or submission which shall be of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal effect, validity and or enforceability as a manually executed signature signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the fullest extent permitted by and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal or state lawlaws based on the Uniform Electronic Transactions Act, rule or regulation, each as the same may be amended and in effect from time to time; except that nothing herein shall require Agent to accept electronic signatures in any form or format without its prior written consent, and the parties hereby waive including, without limitation, with respect to any objection Loan Document which is required by any applicable Governmental Authority to the contrary. Any document acceptedbe filed, recorded, or otherwise registered with a manually executed or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use of any third party electronic signature capture service providers original (and, as may be reasonably chosen applicable, notarized) signature. Without limiting the generality of the foregoing, Borrower shall (and shall cause each other Loan Party to) promptly deliver to Agent a manually executed counterpart original counterpart of any Loan Document requested by a signatory heretoAgent (which may include, without limitation, manual signatures of each applicable Loan Party (and, as may be applicable, any notary public) next to any electronic signature, as directed by Agent). Each of the parties hereto waives any defense or right to contest the validity, admissibility, or enforceability of this Agreement or the transactions contemplated hereby (and any and each related execution and delivery of any Loan Document or Assignment and Assumption) based solely on the lack of paper originals (including any manually executed signatures hereto or thereto).

Appears in 1 contract

Samples: Loan Agreement (Procaccianti Hotel Reit, Inc.)

Electronic Signatures. Each of the transaction parties agrees on behalf of itselfAll notices, approvals, consents, requests and any Person acting or claiming by, under or through such transaction party, communications hereunder must be in writing (provided that any written instrument delivered in connection with this Supplemental Indenture, the Indenture or any related document, including without limitation any amendments or supplements to such documents, may be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Company, any Guaranteeing Subsidiary or any other Guarantor communication sent to the Trustee shall hereunder must be considered in the form of a document that is signed manually or executed by such person on behalf way of the Companya digital signature provided by DocuSign, such Guaranteeing Subsidiary, AdobeSign (or such other Guarantor, digital signature provider as applicable. Each of specified in writing to Trustee by the Company)), the Guaranteeing Subsidiary, and the other Guarantors agree in English. The Company agrees to assume all risks arising out of the use of using digital signatures and electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to submit communications to the Trustee, including including, without limitation limitation, the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any Unless otherwise provided in this Indenture or in any Note, the words “execute”, “execution”, “signed”, and “signature” and words of similar import used in or related to any document to be signed in connection with this Indenture, any Note or any of the transactions contemplated hereby (including amendments, waivers, consents and other modifications) will be deemed to include electronic signature shall have signatures and the keeping of records in electronic form, each of which will be, except with respect to authentication of the Notes by the Trustee, of the same legal effect, validity and or enforceability as a manually executed signature in ink or the use of a paper-based recordkeeping system, as applicable, to the fullest extent permitted by and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or and any other similar federal or state lawlaws based on the Uniform Electronic Transactions Act, rule or regulationprovided that, as the same may be in effect from time to time, and the parties hereby waive any objection notwithstanding anything herein to the contrary. Any document accepted, executed the Trustee is not under any obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to in conformity with such laws will be binding on all parties hereto by the Trustee pursuant to reasonable procedures approved by the same extent as if it were physically executed and each party hereby consents to the use of any third party electronic signature capture service providers as may be reasonably chosen by a signatory heretoTrustee.

Appears in 1 contract

Samples: Indenture (CSG Systems International Inc)

Electronic Signatures. Each Delivery of the transaction parties agrees on behalf an executed counterpart of itselfa signature page to this Amendment by facsimile or as an attachment to an electronic mail message in .pdf, .jpeg, .TIFF or similar electronic format shall be effective as delivery of a manually executed counterpart of this Amendment for all purposes. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Amendment and any Person acting or claiming by, under or through such transaction party, that any written instrument delivered other Loan Document to be signed in connection with this Supplemental IndentureAmendment, the Indenture other Loan Documents and the transactions contemplated hereby and thereby shall be deemed to include Electronic Signatures, deliveries or any related documentthe keeping of records in electronic form, including without limitation any amendments or supplements to such documents, may each of which shall be executed by electronic methods (whether by .pdf scan or utilization of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companysame legal effect, any Guaranteeing Subsidiary validity or any other Guarantor to the Trustee shall be considered signed enforceability as manually executed signature, physical delivery thereof or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including a paper-based recordkeeping system, as the authorizationcase may be, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, extent and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable lawprovided for in any Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar federal state laws based on the Uniform Electronic Transactions Act; provided that nothing herein shall require the Administrative Agent to accept electronic signatures in any form or state lawformat without its prior written consent. For the purposes hereof, rule “Electronic Signatures” means an electronic sound, symbol, or regulationprocess attached to, as or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record. Each of the parties hereto represents and warrants to the other parties hereto that it has the corporate capacity and authority to execute the Amendment through electronic means and there are no restrictions for doing so in that party’s constitutive documents. Without limiting the generality of the foregoing, each of Borrower and Guarantor hereby (i) agrees that, for all purposes, including without limitation, in connection with any workout, restructuring, enforcement of remedies, bankruptcy proceedings or litigation among any of the Administrative Agent or the Lenders and any of Borrower or Guarantor, electronic images of this Agreement or any other Loan Document (in each case, including with respect to any signature pages thereto) shall have the same may be in effect from time to timelegal effect, validity and enforceability as any paper original, and (ii) waives any argument, defense or right to contest the parties hereby waive any objection to the contrary. Any document accepted, executed validity or agreed to in conformity with such laws will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use enforceability of any third party electronic Loan Document based solely on the lack of paper original copies of such Loan Document, including with respect to any signature capture service providers as may be reasonably chosen by a signatory heretopages thereto.

Appears in 1 contract

Samples: Term Loan Agreement (Kite Realty Group, L.P.)

Electronic Signatures. Each Facsimile, documents executed, scanned and transmitted electronically and electronic signatures, including those created or transmitted through a software platform or application, shall be deemed original signatures for purposes of this Indenture and all matters and agreements related thereto, with such facsimile, scanned and electronic signatures having the transaction same legal effect as original signatures. The parties agrees on behalf of itself, and any Person acting or claiming by, under or through such transaction party, agree that any written instrument delivered in connection with this Supplemental Indenture, the Indenture or any instrument, agreement or document necessary for the consummation of the transactions contemplated by this Indenture or related documenthereto or thereto (including, including without limitation any amendments limitation, addendums, amendments, notices, instructions, communications with respect to the delivery of securities or supplements to such documents, the wire transfer of funds or other communications) (“Executed Documentation”) may be accepted, executed by electronic methods (whether by .pdf scan or utilization agreed to through the use of an electronic signature platform or application). Any electronic signature document delivered via email from an Officer of the Companyin accordance with applicable laws, any Guaranteeing Subsidiary or any other Guarantor to the Trustee shall be considered signed or executed by such person on behalf of the Company, such Guaranteeing Subsidiary, or such other Guarantor, as applicable. Each of the Company, the Guaranteeing Subsidiary, rules and the other Guarantors agree to assume all risks arising out of the use of electronic methods for all purposes including the authorization, execution, delivery, or submission of documents, instruments, notices, directions, instructions, reports, opinions and certificates to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties. Any electronic signature shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any similar federal or state law, rule or regulation, as the same may be regulations in effect from time to time, and the parties hereby waive any objection time applicable to the contraryeffectiveness and enforceability of electronic signatures. Any document Executed Documentation accepted, executed or agreed to in conformity with such laws laws, rules and regulations will be binding on all parties hereto to the same extent as if it were physically executed and each party hereby consents to the use of any third party electronic signature capture service providers as may be reasonably chosen by a signatory heretohereto or thereto. When the Trustee or the Collateral Agent, as applicable, acts on any Executed Documentation sent by electronic transmission, the Trustee or the Collateral Agent , as applicable will not be responsible or liable for any losses, costs or expenses arising directly or indirectly from its reliance upon and compliance with such Executed Documentation, notwithstanding that such Executed Documentation (a) may not be an authorized or authentic communication of the party involved or in the form such party sent or intended to send (whether due to fraud, distortion or otherwise) or (b) may conflict with, or be inconsistent with, a subsequent written instruction or communication; it being understood and agreed that the Trustee or the Collateral Agent , as applicable, shall conclusively presume that Executed Documentation that purports to have been sent by an authorized officer of a Person has been sent by an authorized officer of such Person. The party providing Executed Documentation through electronic transmission or otherwise with electronic signatures agrees to assume all risks arising out of such electronic methods, including, without limitation, the risk of the Trustee or the Collateral Agent, as applicable acting on unauthorized instructions and the risk of interception and misuse by third parties.

Appears in 1 contract

Samples: Williams Scotsman (WillScot Mobile Mini Holdings Corp.)

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