Borrower’s Knowledge definition

Borrower’s Knowledge or “Knowledge of the Borrower” means the actual knowledge of any person holding any of the following offices as of the date of determination: (a) President, Chief Executive Officer, any Executive Vice President, Chief Financial Officer, General Counsel, Secretary, Vice President-Human Resources, and Environmental Engineer, and any successor to those offices, such persons being the principal persons employed by the Borrower ultimately responsible for environmental operations and compliance, ERISA and legal matters relating to the Borrower or (b) the Treasurer or any other person having the primary responsibility for the day-to-day administration of, and dealings with the Administrative Agent and the Lenders in connection with, this Agreement.

Borrower’s Knowledge means the actual knowledge attributable to those principals, employees and officers of Borrower who have given substantive attention to the Property, the Loan Documents and related matters, without any implied duty to conduct any inquiry or investigation.

Borrower’s Knowledge means the actual knowledge of (a) any Responsible Officer of the Borrower or, (b) any Person set forth on Schedule 1.1 (but only with respect to matters relating to the Subject Fund(s) corresponding to such Person) or any Person who assumes the responsibility of a Person set forth on Schedule 1.1 with respect to a corresponding Subject Fund, of (x) a fact, condition or circumstance or (y) a fact, condition or circumstance which would cause a reasonably prudent person to conduct further inquiry.

Examples of Borrower’s Knowledge in a sentence

• To Borrowers’ Knowledge, no Borrower, nor any Guarantor or any Operator is in violation in any material respect of any Healthcare Laws or the subject of a material Healthcare Investigation.

• Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to Borrowers’ Knowledge, threatened, against the Projects Borrowers or any other Borrower Party which if adversely determined could have a Material Adverse Effect on such Person, a Borrower, Guarantor, any Project or the Loan.

• Each Borrower and, to Borrowers’ Knowledge, each Operator has all requisite Permits necessary to own, lease and operate its applicable Project and carry on its business, and, except as disclosed in the Zoning Report or Property Condition Report delivered to Administrative Agent prior to the Closing Date, the Projects are in compliance with all applicable Requirements of Law.

• No condemnation has been commenced or, to Borrowers’ Knowledge, is contemplated with respect to all or any portion of the Projects or for the relocation of roadways providing access to the Projects.

• To Borrowers’ Knowledge, the information supplied by Borrowers regarding any Collateral is accurate and complete in all material respects.

More Definitions of Borrower’s Knowledge

Borrower’s Knowledge means the actual knowledge of the chief executive officer, chief financial officer, chief operating officer, president and general counsel of Borrower and each of its Subsidiaries.

Borrower’s Knowledge means the actual knowledge of the general counsel, principal financial officer or chief executive officer of the general partner of Borrower; provided, however, that, if Administrative Agent, L/C Issuer or any Lender sends a notice with regards to any matter pursuant to the provisions of Section 10.2 hereof, Borrower shall be deemed to have knowledge of the matters set forth in such notice as of the date of receipt of such written notice.

Borrower’s Knowledge means the actual knowledge of Davix Xxxxxxx, Xxbexx Xxxxxxx xxx Ronaxx Xxxxxxxxx xx of the Closing Date after conducting such due diligence as each of them, as senior executives and/or employees of experienced investors in commercial properties and/or operators of commercial properties similar to the Properties and after consultation with their agents and advisors, as applicable, have reasonably deemed appropriate in connection with the acquisition and ownership of the Properties and the borrowing of the Loan; provided, however, in all cases where such a qualification is used, there are no unknown breaches or violations of the so qualified representations or warranties that would in the aggregate have a Portfolio Material Adverse Effect. Lender acknowledges and agrees that the foregoing individuals are identified solely for the purpose of defining the scope of knowledge and not for the purpose of imposing any liability upon any such individual or creating any duties running from any such individual to Borrower, Mezzanine A Borrower, Mezzanine B Borrower, Mortgage Borrower, any Applicable SPE Component Entity, Lender or any other party. All references in this Agreement to the “knowledge of Borrower” or similar construction shall be deemed to be qualified to the extent provided in this definition.

Borrower’s Knowledge or any “Credit Party’s knowledge” or any similar phrase or words when used in connection with a statement, representation or warranty means to the actual knowledge of Xxxx or Xxxxxx Xxxxxxxx, the Chief Financial Officer of the Borrower or such Credit Party, as applicable, or any responsible executive officer (as defined in Rule 3b-7 promulgated under the Exchange Act), of the Borrower or such Credit Party, as applicable, after reasonable good faith inquiry made to ascertain the accuracy of the statement, representation or warranty.

Borrower’s Knowledge means the actual knowledge of (i) Dxxxx Xxxxxxxxx, (ii) Sxx Xxxxxxxx or (iii) such Person or Persons who is primarily responsible for the ownership, operation or acquisition of any Property or who is reasonably likely to be familiar with the subject matter qualified by such phrase; and in each case, after conducting such due diligence in connection with the Properties, the Borrower, the borrowing of the Loan and the representations that are qualified in this Agreement as being made to “Borrower’s Knowledge” as is customary for Borrower in connection with the acquisition of similar properties to the Properties.

Borrower’s Knowledge means the actual knowledge of each of Borrower’s directors, officers and key employees after due inquiry under the circumstances.

Borrower’s Knowledge means the actual knowledge of any officer or employee of Borrower which manages or operates the Collateral Pool Properties.