Borrower’s Knowledge. Whenever a representation or warranty is made “to Borrower’s knowledge,” “to Borrower’s best knowledge,” or a term of similar import, such term shall mean the actual knowledge of Borrower or its officers or directors who would be likely to have actual knowledge of the relevant subject matter.
Appears in 2 contracts
Samples: Loan and Security Agreement (Bloomin' Brands, Inc.), Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.)
Borrower’s Knowledge. Whenever a representation or warranty is made “to Borrower’s knowledge,” “to Borrower’s best knowledge,” or a term of similar import, such term shall mean the actual knowledge of Borrower or its officers or directors who would be likely to have actual knowledge of the relevant subject matter.. (First Mezzanine)
Appears in 1 contract
Samples: Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.)
Borrower’s Knowledge. Whenever a representation or warranty is made “to Borrower’s knowledge,” “to Borrower’s best knowledge,” or a term of similar import, such term shall mean the actual knowledge after due inquiry of Borrower or its officers respective officers, directors or directors employees who would be likely to have actual knowledge of the relevant subject matter.
Appears in 1 contract
Samples: Credit Agreement (Toys R Us Inc)
Borrower’s Knowledge. Whenever a representation or warranty is made “to Borrower’s knowledge,” to Borrower’s best knowledge,” “to BorrowerMaster Lessee’s knowledge,” “to Master Lessee’s best knowledge,” or a term of similar import, such term shall mean the actual knowledge of Borrower or its Master Lessee, as applicable, or their respective officers or directors who would be likely to have actual knowledge of the relevant subject matter.
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