Common use of Knowledge; Discretion Clause in Contracts

Knowledge; Discretion. All references herein to the Noteholder’s or Company’s knowledge shall be deemed to mean the knowledge of such party based on commercially reasonable inquiry. All references herein to Company’s knowledge shall be deemed to refer to the knowledge of Company and each Subsidiary of Company. Unless specified to the contrary herein, all references herein to an exercise of discretion or judgment by the Noteholder, to the making of a determination or designation by the Noteholder, to the application of the Noteholder’s discretion or opinion, to the granting or withholding of the Noteholder’s consent or approval, to the consideration of whether a matter or thing is satisfactory or acceptable to the Noteholder, or otherwise involving the decision making of the Noteholder, shall be deemed to mean that such the Noteholder shall decide using the reasonable discretion or judgment of a prudent lender.

Knowledge; Discretion. All references herein to the Noteholder’s or CompanyIssuer’s knowledge shall be deemed to mean the actual knowledge of such party based on commercially reasonable inquiryparty. All references herein to CompanyIssuer’s knowledge shall be deemed to refer to the actual knowledge of Company the President and the Executive Vice President of Issuer and each Subsidiary of CompanyIssuer. Unless specified to the contrary herein, all references herein to an exercise of discretion or judgment by the Noteholder, to the making of a determination or designation by the Noteholder, to the application of the Noteholder’s discretion or opinion, to the granting or withholding of the Noteholder’s consent or approval, to the consideration of whether a matter or thing is satisfactory or acceptable to the Noteholder, or otherwise involving the decision making of the Noteholder, shall be deemed to mean that such the Noteholder shall decide using the reasonable discretion or judgment of a prudent lender.

Knowledge; Discretion. All references herein to the Noteholder’s or CompanyIssuer’s knowledge shall be deemed to mean the knowledge of such party based on commercially reasonable inquiry. All references herein to CompanyIssuer’s knowledge shall be deemed to refer to the knowledge of Company Issuer and each Subsidiary of CompanyIssuer. Unless specified to the contrary herein, all references herein to an exercise of discretion or judgment by the Noteholder, to the making of a determination or designation by the Noteholder, to the application of the Noteholder’s discretion or opinion, to the granting or withholding of the Noteholder’s consent or approval, to the consideration of whether a matter or thing is satisfactory or acceptable to the Noteholder, or otherwise involving the decision making of the Noteholder, shall be deemed to mean that such the Noteholder shall decide using the reasonable discretion or judgment of a prudent lenderin its sole and absolute discretion.

Knowledge; Discretion. All references herein to the Noteholder’s or CompanyIssuer’s knowledge shall be deemed to mean the knowledge of such party based on commercially reasonable inquiry. All references herein to CompanyIssuer’s knowledge shall be deemed to refer to the knowledge of Company Issuer and each Subsidiary of CompanyIssuer. Unless specified to the contrary herein, all references herein to an exercise of discretion or judgment by the Noteholder, to the making of a determination or designation by the Noteholder, to the application of the Noteholder’s discretion or opinion, to the granting or withholding of the Noteholder’s consent or approval, to the consideration of whether a matter or thing is satisfactory or acceptable to the Noteholder, or otherwise involving the decision making of the Noteholder, shall be deemed to mean that such the Noteholder shall decide using the reasonable discretion or judgment of a prudent lender.

Knowledge; Discretion. All references herein to the Noteholder’s or CompanyIssuer’s knowledge shall be deemed to mean the knowledge of such party based on commercially reasonable inquiry. All references herein to CompanyIssuer’s knowledge shall be deemed to refer to the knowledge of Company Issuer and each Subsidiary of CompanyIssuer. Unless specified to the contrary herein, all references herein to an exercise of discretion or judgment by the Noteholder, to the making of a determination or designation by the Noteholder, to the application of the Noteholder’s discretion or opinion, to the granting or withholding of the Noteholder’s consent or approval, to the consideration of whether a matter or thing is satisfactory or acceptable to the Noteholder, or otherwise involving the decision making of the Noteholder, shall be deemed to mean that such the Noteholder shall decide using the reasonable discretion or judgment of a prudent lender.

Knowledge; Discretion. All references herein to the Noteholder’s or the Company’s knowledge shall be deemed to mean the knowledge of such party based on commercially reasonable inquiry. All references herein to the Company’s knowledge shall be deemed to refer to the knowledge of the Company and each Subsidiary of the Company. Unless specified to the contrary herein, all references herein to an exercise of discretion or judgment by the Noteholder, to the making of a determination or designation by the Noteholder, to the application of the Noteholder’s discretion or opinion, to the granting or withholding of the Noteholder’s consent or approval, to the consideration of whether a matter or thing is satisfactory or acceptable to the Noteholder, or otherwise involving the decision making of the Noteholder, shall be deemed to mean that such the Noteholder shall decide using the reasonable discretion or judgment of a prudent lender.