to the knowledge of means, when modifying a representation, warranty or other statement of any Person, that the fact or situation described therein is known by the Person (or, in the case of a Person other than a natural Person, known by a Senior Officer of that Person) making the representation, warranty or other statement, or with the exercise of reasonable due diligence under the circumstances (in accordance with the standard of what a reasonable Person in similar circumstances would have done) should have been known by the Person (or, in the case of a Person other than a natural Person, should have been known by a Senior Officer of that Person). In the case of the Tribe, knowledge of any material information by any Senior Officer of Borrower or of the Tribe shall be attributed to the Tribe.
to the knowledge of when used in reference to Expedia, means the knowledge of each executive officer of Expedia assuming due and diligent inquiries of such executive officers’ direct reports reasonably believed to have knowledge of the matter in question. For the avoidance of doubt, the eLong CEO is not an executive officer of any Expedia Party or a direct report of any such executive officer.
More Definitions of to the knowledge of
to the knowledge of or similar references, in respect of the Company, means to the knowledge of Aman Parmar after due enquiry, in his capacity of President of the Company;
to the knowledge of when used in reference to the Company or the Buyer, means (x) the actual knowledge of any director or executive officer of the Company or the Buyer, as applicable, after due and reasonable inquiry into the relevant matters, and (y) the knowledge of any director or executive officer of the Company or the Buyer, as applicable, as a prudent Person in the position of such Person who shall be deemed to have knowledge of such matters as he would have discovered had he made such enquiries and investigations as a prudent Person would have made to confirm the subject matter of the statement; for the avoidance of doubt, in the case of clause (y), it shall not include knowledge of matters that involve unanticipated or unexpected events that could arise in relation to the Company’s business of which such Person after having made the required enquiries and investigations would not have reasonably been expected to discover.
to the knowledge of and any similar phrases or corollaries means, with respect to a Seller, the actual knowledge, after due inquiry, of those officers of such Seller set forth next to such Seller’s name on Schedule C attached hereto and, with respect to the Purchaser, the actual knowledge, after due inquiry, of those officers set forth next to Purchaser’s name on Schedule C attached hereto.
to the knowledge of. To the extent related to the representations and warranties made by Seller and/or HealthPlan herein, the phrases "to the knowledge of," "to the best knowledge of" and "known to" or any similar phrase shall mean the actual knowledge of Ned Lucco, Phillip Dingle, or Jonathon McGee, and shall not include the imputed, implied or constructive knowledge of such individuals.