Common use of Definition of “Knowledge Clause in Contracts

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 308 contracts

Samples: Loan and Security Agreement (Pliant Therapeutics, Inc.), Loan and Security Agreement (Verona Pharma PLC), Loan and Security Agreement (Syros Pharmaceuticals, Inc.)

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Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 269 contracts

Samples: Loan and Security Agreement (Weave Communications, Inc.), Loan and Security Agreement (Contineum Therapeutics, Inc.), Loan and Security Agreement (Homology Medicines, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” of Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 21 contracts

Samples: Loan and Security Agreement (Spruce Biosciences, Inc.), Loan and Security Agreement (Sumo Logic, Inc.), Loan and Security Agreement (Spruce Biosciences, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” of Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 17 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (ConforMIS Inc), Loan and Security Agreement (ConforMIS Inc)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Co-Borrower’s knowledge or awareness, to the “best of” Co-Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 8 contracts

Samples: Loan and Security Agreement (Upstart Holdings, Inc.), Loan and Security Agreement (Verona Pharma PLC), Mezzanine Loan and Security Agreement (Upstart Holdings, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best ofBorrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 7 contracts

Samples: Loan and Security Agreement (Basis Global Technologies, Inc.), Loan and Security Agreement (Basis Global Technologies, Inc.), Loan and Security Agreement (Interpace Biosciences, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best ofBorrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 5 contracts

Samples: Loan and Security Agreement (Arsanis, Inc.), Loan and Security Agreement (FireEye, Inc.), Loan and Security Agreement (Rubicon Project, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrowera Loan Party’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 4 contracts

Samples: Loan and Security Agreement (KORU Medical Systems, Inc.), Loan and Security Agreement (Broadscale Acquisition Corp.), Loan and Security Agreement (HashiCorp, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s 's knowledge or awareness, to the "best of' Borrower’s 's knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 4 contracts

Samples: Loan and Security Agreement (TerraVia Holdings, Inc.), Loan and Security Agreement (Quantenna Communications Inc), Loan and Security Agreement (Quantenna Communications Inc)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s 's knowledge or awareness, to the “best of” Borrower’s 's knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 3 contracts

Samples: Mezzanine Loan and Security Agreement (Quantenna Communications Inc), Mezzanine Loan and Security Agreement (Quantenna Communications Inc), Loan and Security Agreement (Intermolecular Inc)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” of Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, knowledge of the Responsible Officers or such level of knowledge or awareness as would be obtained or should have been known at the time by a prudent business person under substantially similar circumstance after reasonable investigation, of the Responsible Officers.

Appears in 3 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Splunk Inc), Loan and Security Agreement (Splunk Inc)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s Borrowers knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 3 contracts

Samples: Loan and Security Agreement (Gigamon LLC), Loan and Security Agreement (Gigamon LLC), Loan and Security Agreement (Gigamon LLC)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s 's knowledge or awareness, to the "best of" Borrower’s 's knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 3 contracts

Samples: Mezzanine Loan and Security Agreement (Nebula Caravel Acquisition Corp.), Loan and Security Agreement (S&W Seed Co), Loan and Security Agreement (Envision Solar International, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigationinvestigation at the time of such representation and warranty, of the Responsible Officers.

Appears in 3 contracts

Samples: Loan and Security Agreement (Relypsa Inc), Loan and Security Agreement (Relypsa Inc), Loan and Security Agreement (Relypsa Inc)

Definition of “Knowledge. For purposes of the Loan Note Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 3 contracts

Samples: Note Purchase Agreement (Global Telecom & Technology, Inc.), Note Purchase Agreement (Global Telecom & Technology, Inc.), Note Purchase Agreement (Global Telecom & Technology, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to any Borrower’s knowledge or awareness, to the “best of” any Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 3 contracts

Samples: Loan and Security Agreement (BK Technologies Corp), Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (Aviat Networks, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to any Borrower’s knowledge or awareness, to the “best of” any Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 3 contracts

Samples: Loan and Security Agreement (Overland Storage Inc), Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (Aviat Networks, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best ofof Borrower’sBorrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 3 contracts

Samples: Loan Modification Agreement (Acacia Communications, Inc.), Loan Modification Agreement (Acacia Communications, Inc.), Loan Modification Agreement (Acacia Communications, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the best of” of Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 2 contracts

Samples: Loan and Security Agreement (Adaptive Insights Inc), Loan and Security Agreement (Adaptive Insights Inc)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrowerthe Loan Party’s knowledge or awareness, to the “best of” Borrowerthe Loan Party’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 2 contracts

Samples: Loan and Security Agreement (Immunocore LTD), Loan and Security Agreement (Immunocore LTD)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge of the Responsible Officers, and when made to the “best of Borrower’s knowledge, means such knowledge or awareness after reasonable investigation, of the Responsible Officers.

Appears in 2 contracts

Samples: Loan and Security Agreement (TrueCar, Inc.), Loan and Security Agreement (TrueCar, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 2 contracts

Samples: Loan and Security Agreement (ExactTarget, Inc.), Loan and Security Agreement (MiddleBrook Pharmaceuticals, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrowerany Loan Party’s knowledge “knowledge” or awareness, to the “best of” Borrowerof any Loan Party’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 2 contracts

Samples: Loan Agreement (Aspen Aerogels Inc), Loan Agreement (Aspen Aerogels Inc)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible OfficersOfficers of Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ikanos Communications, Inc.), Loan and Security Agreement (Ikanos Communications, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of any Responsible Officer. 6 AFFIRMATIVE COVENANTS Borrower shall do all of the Responsible Officers.following:

Appears in 2 contracts

Samples: Loan and Security Agreement (Axsome Therapeutics, Inc.), Loan and Security Agreement (AtriCure, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to BorrowerMaker’s knowledge or awareness, to the “best of” BorrowerMaker’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, knowledge of the Responsible Officers.

Appears in 2 contracts

Samples: Loan and Security Agreement (US Dry Cleaning Services Corp), Loan and Security Agreement (US Dry Cleaning Services Corp)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrowerany Credit Party’s knowledge or awareness, to the “best of” Borrowerany Credit Party’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 2 contracts

Samples: Loan and Security Agreement (Durata Therapeutics, Inc.), Loan and Security Agreement (Durata Therapeutics, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 2 contracts

Samples: Loan and Security Agreement (TRIA Beauty, Inc.), Loan and Security Agreement (TRIA Beauty, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 2 contracts

Samples: Loan and Security Agreement (Zendesk, Inc.), Loan and Security Agreement (Zendesk, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s ’ s knowledge or awareness, to the “best of” of ‘ Borrower’s ’ s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sensus Healthcare, Inc.), Loan and Security Agreement (Sensus Healthcare, LLC)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigationinvestigation at the time of such representation and warranty, of the any Responsible OfficersOfficer.

Appears in 2 contracts

Samples: Loan and Security Agreement (Relypsa Inc), Loan and Security Agreement (Relypsa Inc)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, knowledge after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 2 contracts

Samples: Loan and Security Agreement (Tufin Software Technologies Ltd.), Loan and Security Agreement (Tufin Software Technologies Ltd.)

Definition of “Knowledge. For purposes of the Loan Documents, (i) whenever a representation or warranty is made to Borrower’s knowledge or awarenessawareness or with a similar qualification, knowledge or awareness means the actual knowledge of the Responsible Officers and (ii) whenever a representation or warranty is made to the “best of” Borrower’s knowledge, or with a similar qualification, the “best of” Borrower’s knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cardiac Science CORP), Loan and Security Agreement (Cardiac Science CORP)

Definition of “Knowledge. For Except as otherwise set forth herein, for purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s the Borrowers’ knowledge or awareness, to the “best of” Borrower’s the Borrowers’ knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 2 contracts

Samples: Credit Agreement (Benefitfocus,Inc.), Credit Agreement (Benefitfocus,Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s Loan Parties’ knowledge or awareness, to the “best of” Borrower’s Loan Parties’ knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 2 contracts

Samples: Loan and Security Agreement (Iterum Therapeutics PLC), Loan and Security Agreement

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge of the Responsible Officers and when made to the “best of Borrower’s knowledge, ,” means such knowledge or awareness after reasonable investigation, of the Responsible Officers.

Appears in 2 contracts

Samples: Loan and Security Agreement (TrueCar, Inc.), Loan and Security Agreement (TrueCar, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar [*] = CERTAIN MARKED INFORMATION HAS BEEN OMITTED FROM THIS EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 1 contract

Samples: Loan and Security Agreement (Codexis, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, awareness or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 1 contract

Samples: Loan and Security Agreement (Delcath Systems Inc)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrowerany Obligor’s knowledge or awareness, to the Borrower’s Knowledge, to the “best of” Borrowersuch Obligor’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.Officers of the relevant Obligor. SCHEDULE 5

Appears in 1 contract

Samples: Mereo Biopharma Group PLC

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best ofbestof Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 1 contract

Samples: Subordinated Loan and Security Agreement (Everyday Health, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of any Responsible Officer. 6 AFFIRMATIVE COVENANTS Borrower shall do all of the Responsible Officers.following: 6.1

Appears in 1 contract

Samples: Loan and Security Agreement (Lojack Corp)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, knowledge of the any Responsible OfficersOfficer.

Appears in 1 contract

Samples: Loan and Security Agreement (Rubicon Technology, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Co-Borrower’s 's knowledge or awareness, to the "best of' Co-Borrower’s 's knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of any Responsible Officer. 6 AFFIRMATIVE COVENANTS Co-Borrowers shall do all of the Responsible Officers.following:

Appears in 1 contract

Samples: Loan and Security Agreement (Augme Technologies, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrowera Credit Party’s knowledge or awareness, to the “best of” Borrowera Credit Party’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 1 contract

Samples: Loan and Security Agreement (Rosetta Stone Inc)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to a Borrower’s knowledge or awareness, to the “best of” a Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 1 contract

Samples: Loan and Security Agreement (Zovio Inc)

Definition of “Knowledge. For purposes of the Loan Documentsthis Agreement, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 1 contract

Samples: Loan and Security Agreement (Satellogic Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, knowledge or awareness means the actual knowledge of any Responsible Officer and when made to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 1 contract

Samples: Loan and Security Agreement (TrueCar, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers. 6.

Appears in 1 contract

Samples: Loan and Security Agreement (Conformis Inc)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, knowledge of the Responsible OfficersOfficers after due inquiry.

Appears in 1 contract

Samples: Loan and Security Agreement (Novelion Therapeutics Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s its knowledge or awareness, to the “best of” Borrower’s its knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 1 contract

Samples: Loan and Security Agreement (Mission Property Holdings LLC)

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Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 1 contract

Samples: Loan and Security Agreement (Bridgeline Digital, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s or any Subsidiary’s knowledge or awareness, to the “best of” Borrower’s or such Subsidiary’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 1 contract

Samples: Loan and Security Agreement (Radisys Corp)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” of Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, knowledge of the Responsible Officers.

Appears in 1 contract

Samples: Loan and Security Agreement (Eleven Biotherapeutics, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible OfficersOfficers and their immediate subordinates.

Appears in 1 contract

Samples: Loan and Security Agreement (Real Goods Solar, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s 's knowledge or awareness, to the "best of” of Borrower’s 's knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 1 contract

Samples: Loan and Security Agreement (Nebula Caravel Acquisition Corp.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to BorrowerBorrower’xxxxxxx Loan Party’s knowledge or awareness, to the “best of” BorrowerBorrower’xXxxx Party’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, knowledge of the Responsible OfficersOfficers after due inquiry.

Appears in 1 contract

Samples: Loan and Security Agreement (Novelion Therapeutics Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to BorrowerObligor’s knowledge or awareness, to the “best of” BorrowerObligor’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 1 contract

Samples: Loan Agreement (Luna Innovations Inc)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borroweran Obligor’s knowledge or awareness, to the “best of” Borrower’ Obligor’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 1 contract

Samples: Loan Agreement (Affimed N.V.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer of any Loan Party.

Appears in 1 contract

Samples: Loan and Security Agreement (Osprey Technology Acquisition Corp.)

Definition of “Knowledge. For purposes of the Loan Transaction Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, such knowledge of such fact or other matter as would have been discovered after a reasonable investigation, inquiry of any of the Responsible Officersofficers, directors, employees and consultants of the Borrower as of the Agreement Date who would be expected to have knowledge or awareness of such fact or matter under the circumstances.

Appears in 1 contract

Samples: Facility Agreement (IMRIS Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 1 contract

Samples: Loan and Security Agreement (Telecommunication Systems Inc /Fa/)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to the Borrower’s knowledge or awareness, to the “best of” the Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, knowledge of the Responsible OfficersOfficers after due inquiry.

Appears in 1 contract

Samples: Loan and Security Agreement (Novelion Therapeutics Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible Officers.Officer. 8 ny-1693906

Appears in 1 contract

Samples: Loan and Security Agreement (Luna Innovations Inc)

Definition of “Knowledge. For Except as otherwise set forth herein, for purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 1 contract

Samples: Loan and Security Agreement (Benefitfocus,Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, knowledge of the Responsible Officers.

Appears in 1 contract

Samples: Loan and Security Agreement (Esperion Therapeutics, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to BorrowerGuarantor’s knowledge or awareness, to the “best of” BorrowerGuarantor’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 1 contract

Samples: Security Agreement (Global Telecom & Technology, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of any Responsible Officer. Certain identified information marked with [***] has been excluded from this exhibit because it is not material and is of the Responsible Officerstype that the registrant treats as private and confidential.

Appears in 1 contract

Samples: Loan and Security Agreement (Codex DNA, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Co-Borrower’s knowledge or awareness, to the “best of” Co-Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 1 contract

Samples: Loan Agreement (TEKMIRA PHARMACEUTICALS Corp)

Definition of “Knowledge. For purposes of the Loan Documents, (i) whenever a representation or warranty is made to Borrower’s knowledge or awareness, or with a similar qualification, knowledge or awareness means the actual knowledge of the Responsible Officers and (ii) (whenever a representation or warranty is made to the best of” of Borrower’s knowledgeknowledge or awareness, or with a similar qualification, the best of knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 1 contract

Samples: Loan and Security Agreement (Intellicheck Mobilisa, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to a Borrower’s knowledge or awareness, to the “best of” a Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer of such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Harmonic Inc)

Definition of “Knowledge. For the purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” of Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 1 contract

Samples: Loan Agreement (Mimecast LTD)

Definition of “Knowledge. For purposes of this Agreement and the other Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after or constructive knowledge based on a reasonable investigation, of the any Responsible OfficersOfficer. 6.

Appears in 1 contract

Samples: Execution Version Loan and Security Agreement (Lightning eMotors, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.. Confidential Treatment Requested by Xxxx Therapeutics, Inc. Pursuant to 17 C.F.R. § 200.83

Appears in 1 contract

Samples: Loan and Security Agreement (Vera Therapeutics, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.. 6 AFFIRMATIVE COVENANTS Borrower shall do all of the following:

Appears in 1 contract

Samples: Loan and Security Agreement (AtriCure, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s Borrowers’ knowledge or awareness, to the “best of” Borrower’s Borrowers’ knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 1 contract

Samples: Loan and Security Agreement (EnergyConnect Group Inc)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of any Responsible Officer. 6. AFFIRMATIVE COVENANTS Borrower shall do all of the Responsible Officers.following: 6.1

Appears in 1 contract

Samples: Loan and Security Agreement (Alpine Immune Sciences, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to BorrowerDebtor’s knowledge or awareness, to the “best of” BorrowerDebtor’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the any Responsible OfficersOfficer.

Appears in 1 contract

Samples: Security Agreement (Akebia Therapeutics, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officersany Key Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Astea International Inc)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to the Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 1 contract

Samples: Loan and Security Agreement (Adept Technology Inc)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrower’s knowledge or awareness, to the “best of” Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigationinvestigation actually made, of the any Responsible OfficersOfficer.

Appears in 1 contract

Samples: Loan and Security Agreement (Cardiovascular Systems Inc)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to ADMA’s or Borrower’s knowledge or awareness, to the “best of” ADMA’s or Borrower’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 1 contract

Samples: Subordinated Loan Agreement (Adma Biologics, Inc.)

Definition of “Knowledge. For purposes of the Loan Documents, whenever a representation or warranty is made to Borrowerany Obligor’s knowledge or awareness, to the “best of” Borrowersuch Obligor’s knowledge, or with a similar qualification, knowledge or awareness means the actual knowledge, after reasonable investigation, of the Responsible Officers.

Appears in 1 contract

Samples: Loan Agreement (Mereo Biopharma Group PLC)

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