known to or similar statements shall mean, with reference to Seller or Western, the actual knowledge of Xxxxxxx Xxxxxxx, B. Xxxx Xxxxxx or Xxxx Xxx Xxxxxxxxx, and the knowledge after reasonable inquiry by Seller and Western of the general manager of the Hotel and regional manager of the Franchisor.
known to or similar phrases shall mean the actual knowledge of: (i) with respect to Xceed, the officers and directors of Xceed; (ii) with respect to the Company, the officers and directors of the Company; and (iii) each Stockholder, except that with respect to Jupiter Communications, LLC., officers and directors thereof.
known to or similar statements shall mean, with reference to Seller or Western, the actual knowledge of Xxxxxxx Xxxxxxx, B. Xxxx Xxxxxx, Xxxx Xxx Xxxxxxxxx, or the persons or entities listed in Item 18 of Schedule 1, and the knowledge after reasonable inquiry by Seller and Western of the general manager of the Hotel and regional manager of any Third Party Manager.
More Definitions of known to
known to or any similar phrase means, with respect to any matter in question, that, with respect to the Company and its Subsidiaries, a Company Executive Officer, or, with respect to Gart and its Subsidiaries, a Gart Executive Officer: (a) has actual knowledge of such matter, or (b) would have actual knowledge of such matter after making such inquiry, if any, as a reasonable Person would have made under the circumstances applicable to such matter (provided, that such "inquiry knowledge" as it relates to the inquiry of other employees of the Company and its Subsidiaries or of Gart and its Subsidiaries, as applicable, shall be limited to corporate-level employees and shall not extend to store-level employees). For purposes of this Section 1.2.79, (i) a Company Executive Officer shall mean any of Xxxxx X. Xxxxxxxx, Xxxxxx Xxxxxx and Xxxxxx X. Xxxx, and (ii) a Gart Executive Officer shall mean any of Xxxx Xxxxxxx Xxxxxx, Xxxxxx X.
known to means, with respect to a particular representation or other statement of Party set forth in this Agreement, the actual knowledge of the chief executive officer or any executive officer (as defined for purposes of Section 14 of the Securities Exchange Act of 1934, as amended) of such Party after reasonable inquiry of the relevant persons who have responsibilities related to the subject matter of the applicable representation or other statement.
known to or other similar terms, when used in this Agreement to qualify any representation or warranty made by the Borrower or any Subsidiary, mean that (at the time the applicable representation or warranty is made or deemed made or repeated) any of the officers or directors of the Borrower and its Subsidiaries has actual (and not imputed or constructive) knowledge of certain specific facts or circumstances affecting such representation or warranty, or is actually (and not imputedly or constructively) aware of facts or circumstances which should have led a reasonable person with similar business responsibilities to conduct a reasonably-detailed investigation into such facts or circumstances and the legal consequences thereof, and such an investigation would have resulted in the investigating party having actual (and not imputed or constructive) knowledge of specific facts or circumstances affecting such representation or warranty.
known to means the actual knowledge of the executive officers of Powertel or the executive officers of VoiceStream, as the case may be, who have exercised reasonable due diligence with respect to the representation and warranty to which such knowledge statement is made.
known to means, with respect to a particular representation or other statement of Party set forth in this Agreement, […***…].
known to or similar statements shall mean, with reference to Seller, the actual knowledge of Xxxxx X. Xxxxxx and the knowledge after reasonable inquiry by Seller of the general manager of the Hotel, the Senior Vice President of Hotel Operations and the Vice President of Hotel Operations of the Manager.
known to or similar phrases shall mean the actual knowledge of: (i) with respect to THINK, the officers and directors of THINK; (ii) with respect to the Company, the officers and directors of the Company; (iii) with respect to the Management Stockholders, the individuals listed on Schedule A hereto; and (iv) with respect to the Non-Management Stockholders, the individuals listed on Schedule B hereto. EXECUTION COPY