Knowledge Qualification. Whenever a representation or warranty is made herein based on the knowledge of Seller or Purchaser (as the case may be), such representation or warranty is made based on the actual knowledge of any executive officer of Seller or Purchaser (as the case may be) who has been actively involved in the negotiation of this Agreement and the Transactions.
Knowledge Qualification. As used in this Section 3, all ----------------------- references to information known to the Company shall mean information actually (and not constructively or impliedly) known to Xxxxxx X. XxXxxx ("XxXxxx") or any other executive officer of the Company.
Knowledge Qualification. Whenever a representation or warranty is made herein based on the knowledge of Incubate or Organitech (as the case may be) such knowledge shall be deemed to refer to the actual knowledge of the Chief Executive Officer, the President or any Vice President of Incubate or Organitech (as the case may be).
Knowledge Qualification. References to the "
Knowledge Qualification. All representations and warranties by the Primary Sellers contained in this Section 4.2 are hereby qualified and limited by, and are hereby made subject to, the Knowledge of the Primary Sellers to the extent such representations and warranties cover or relate to liabilities, obligations, claims, losses, expenses, damages, actions, liens and deficiencies of the Company or its Affiliates due to or arising out of actions or inactions of the Company or its Affiliates taken prior to August 23, 2007; provided, however, the Primary Sellers had used commercially reasonable efforts in obtaining such Knowledge.
Knowledge Qualification. 46 Section 12.3. Binding Effect and Assignment............................................................47 Section 12.4. Consents, Further Assurances.............................................................47 Execution
Knowledge Qualification. Whenever a representation or warranty is made herein based on the knowledge of Purchaser or legal counsel, such representation or warranty is made based on the actual knowledge of Purchaser or such legal counsel (as the case may be) and on the knowledge which Purchaser or such legal counsel (as the case may be) would have if he or it (as the case may be) had conducted a diligent inquiry into the subject matter of the representation or warranty. Whenever a representation or warranty is made herein based on the knowledge of any of the Sellers or the Company, such representation or warranty is made based on the actual knowledge of each of the Sellers, each of the beneficial owners of each of the Sellers, the principal officers and directors of the Company and each of the Subsidiaries, collectively, and on the knowledge which all such persons and entities would have if each of them had conducted a reasonably comprehensive investigation into the subject matter of the representation or warranty.
Knowledge Qualification. 23 ARTICLE V
Knowledge Qualification. The representations and warranties ----------------------- in this Article IV which are made by TV Stockholder to their knowledge shall not be deemed to imply that TV Stockholder have made any investigation to determine the accuracy thereof and Purchaser and HK acknowledge that TV Stockholder have not made any such investigation.
Knowledge Qualification. 17 SECTION 4 - Representations and Warranties of Purchaser.................. 17
