Facsimile Execution. This Agreement may be executed by facsimile signatures which shall be deemed to have the same force and effect as an original signature.

have been signed by each of the parties and delivered to the other party. Facsimile or .pdf signatures shall have the same force and effect as original signatures.

11.10Counterparts. This Agreement may be executed and delivered in several counterparts, each of which, when so executed and delivered, shall constitute an original, fully enforceable counterpart for all purposes. In order to expedite the transaction contemplated herein, facsimile or e-mail signatures may be used in place of original signatures on this Agreement. Seller and Purchaser intend to be bound by the signatures on the facsimile or e-mail document (as the case may be), are aware that the other party will rely on such facsimile or e-mail signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on such form of signature.

This Agreement may be executed by facsimile signatures and delivered electronically in pdf format, each of which shall be given the same legal weight as though they were ribbon original signatures.

Counterparts; Signatures. This Agreement may be signed in one or more counterparts, each of which shall be one and the same agreement. If a counterpart of this Agreement is signed and transmitted via facsimile, or via PDF transmitted by e-mail, such signatures shall bind the signing party to this Agreement in full. Original documents may also be signed by the parties and will have the same binding power.

Counterparts; Signatures. This Amendment may be executed in any number of counterparts and by each of the undersigned on separate counterparts, and each such counterpart shall be deemed to be an original, but all such counterparts put together shall constitute but one and the same agreement. Signatures to this Amendment transmitted by .pdf, electronic mail or other electronic means shall be treated as originals in all respects for purposes of this Amendment.

This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Agreement shall be in writing and shall not be deemed to be a waiver of any successive breach. This Agreement may be executed in counterparts and facsimile signatures will suffice as original signatures.

Effectiveness. This Amendment shall be deemed effective upon # the due execution and delivery to Bank of # this Amendment by each party hereto, # a Warrant to Purchase Stock in form and substance satisfactory to Bank, issued by Borrower in favor of Bank, # the Junior Loan Documents, # that certain Intercreditor Agreement by and among Bank and ORIX Ventures, LLC dated as of the date hereof, # a Subordination Agreement by and among Bank, in its capacity as Agent and a Lender under the Junior Loan Agreement, Bank, in its capacity as a lender under the Loan Agreement and ORIX Ventures, LLC dated as of the date hereof, # the completed Corporate Borrowing Certificate for Borrower in the form attached hereto; # Borrower’s payment of a commitment fee in an amount equal to Twenty Thousand Dollars ($20,000); and # all reasonable Bank Expenses incurred through the date of this Amendment, which may be debited from any of Borrower’s accounts.

Effectiveness. This Amendment shall be deemed effective upon # the due execution and delivery to Bank of this Amendment by each party hereto, # the due execution and delivery to Bank