Fill and Sign the Frances Kulka Browne Form

Chapter 19 Counterparts Frances Kulka Browne Katten Muchin Zavis Rosenman New York, New York § 19.04 Negotiating and Dra fting the Count erparts Provisi on Page 585 Example 2 The parties may execute this Agreement in multiple counterparts, each of which constitutes an original, and all of which, collectively, constitute only one agreement. The signatures of all of the parties need not appear on the same counterpart, and delivery of an executed counterpart signature page by facsimile is as effective as executing and delivering this Agreement in the presence of the other parties to this Agreement. This Agreement is effective upon delivery of one executed counterpart from each party to the other parties. In proving this Agreement, a party must produce or account only for the executed counterpart of the party to be charged. Page 586 The parties may execute this Agreement in any number of duplicate originals, each of which constitutes an original, and all of which, collectively, constitute only one agreement. The parties may execute this Agreement in counterparts, each of which constitutes an original, and all of which, collectively, constitute only one agreement. Delivery of an executed counterpart signature page. . . . Page 587 Any party delivering an executed counterpart of this Agreement by facsimile shall also deliver a manually executed counterpart of this Agreement, but the failure to do so does not affect the validity, enforceability or binding effect of this Agreement. *** Example 3 The parties shall execute [insert number] counterparts of this Lease, each of which constitutes an original, and all of which, collectively, constitute only one agreement. The parties shall prominently number each counterpart to identify it. Only the counterpart numbered “1” evidences the Lessee’s monetary obligations under this Lease. To the extent that this Lease is chattel paper (as defined in the U.C.C., as in effect in any applicable jurisdiction), no security interest in the Lease may be created except by the transfer or possession of the counterpart numbered “1,” which counterpart must contain a receipt for that counterpart executed by the Bank on the Lease’s signature page. RECEIPT: The Lender acknowledges receipt of this Counterpart #1 of the Lease, dated ____________, between X and Y. Name of Bank By: ________________ Title