The "Execution in counterparts" clause allows a contract to be signed in separate, individual copies, with each party signing their own version. All signed copies together constitute a single, binding agreement, even though the signatures may not appear on the same document.
Execution in Counterparts. Except as specifically modified by this Amendment, all of the terms and conditions of the Agreement shall continue in full force and effect. This Amendment may be executed via .pdf and in counterparts, each of which shall be deemed an original, but of which shall constitute one and the same instrument.
Execution in Counterparts.
This Supplemental Indenture may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which when taken together shall constitute but one and the same instrument. The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or electronic (i.e., “pdf” or “tif”) transmission shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or electronic (i.e., “pdf” or “tif”) transmission shall be deemed to be their original signatures for all purposes.
EXECUTION IN COUNTERPARTS
This Amendment may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Amendment by facsimile or by electronic file in a format that is accessible by the recipient shall be effective as delivery of a manually executed counterpart of this Amendment.
EXECUTION IN COUNTERPARTS. This Addendum may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same agreement as at the date of signature of the Party that signs its counterpart last in time.
SECTION 4.04. Execution in Counterparts.
This Third Supplemental Indenture may be executed by any one or more of the parties hereto in any number of counterparts, each of which shall be deemed to be an original, but all such counterparts shall together constitute one and the same instrument. Delivery of this Third Supplemental Indenture by one party to the other may be made by facsimile, electronic mail or other transmission method as permitted by applicable law, and the parties hereto agree that any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. A party’s electronic signature (complying with the New York Electronic Signatures and Records Act (N.Y. State Tech. §§ 301-309), as amended from time to time, or other applicable law) on this Third Supplemental Indenture shall have the same validity and effect as a signature affixed by the party’s hand.
SECTION 13.
EXECUTION IN COUNTERPARTS.
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. This Agreement shall become binding when one or more counterparts of this Agreement, individually or taken together, shall bear the signatures of all of the parties reflected hereon as the signatories.
SECTION 5. Execution in Counterparts. This Assignment Agreement may be executed in several counterparts, and such counterparts shall constitute a single instrument.
Execution in Counterparts. This Tenth Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, and all such counterparts shall constitute this Tenth Amendment. To facilitate execution of this Tenth Amendment, the parties may execute and exchange by electronic mail, PDF counterparts of the signature pages. Signature pages may be detached from the counterparts and attached to a single copy of this Tenth Amendment to physically form one document.
Execution in Counterparts. This Amendment may be executed in any number of identical counterparts, any of which may contain the signatures of less than all parties, and all of which together shall constitute a single agreement.
Execution in Counterparts. This Novation Agreement may be executed in multiple counterparts and all counterparts so executed will constitute one and the same agreement binding on all of the parties.
Execution in counterparts is a contractual clause that allows different parties to sign separate copies of the same agreement document. These separate signed documents collectively form a single binding agreement. It facilitates the signing process, especially when parties are in different locations, ensuring that a contract can be executed without the need for all signatories to physically gather in one place.
When Should I Use Execution in Counterparts?
You should consider using execution in counterparts in scenarios where:
Parties are geographically dispersed: If the contracting parties are located in different cities or countries, signing in counterparts can save considerable time and logistical effort.
Time is of the essence: Quick execution of documents is required, and coordinating a single signing event would introduce unnecessary delays.
Numerous signatories are involved: When an agreement involves multiple parties or signatories, obtaining all signatures on a single document can be cumbersome and hard to track.
How Do I Write an Execution in Counterparts Clause?
When drafting an execution in counterparts clause, ensure clarity and legal sufficiency. Here is a standard template:
“This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.”
Ensure that the clause clearly communicates that each counterpart is considered a valid and binding part of the whole agreement.
Which Contracts Typically Contain Execution in Counterparts?
Execution in counterparts is common in several types of contracts, including:
Corporate agreements: Shareholder agreements, board resolutions, and merger or acquisition documents often use counterparts due to multiple signatories and geographic diversity.
Real estate transactions: Sale and lease agreements frequently include such clauses as parties are often located at different places.
Service agreements: Contracts for services that encompass businesses or individuals across different locations.
Partnership or joint venture agreements: Collaboration terms involving partners from various entities or places might use counterparts for efficiency.
In essence, any contract that involves multiple parties, wide geographical distribution, or requires a quicker signing process can benefit from including an execution in counterparts clause.
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