Borrower’s Knowledge. Whenever a representation or warranty is made “to Borrower’s knowledge,” “to Borrower’s best knowledge,” or a term of similar import, such term shall mean the actual knowledge of Borrower or its officers or directors who would be likely to have actual knowledge of the relevant subject matter.
Appears in 3 contracts
Sources: Loan and Security Agreement (Bloomin' Brands, Inc.), Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.), Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.)
Borrower’s Knowledge. Whenever a representation or warranty is made “to Borrower’s knowledge,” “to Borrower’s best knowledge,” “to Master Lessee’s knowledge,” “to Master Lessee’s best knowledge,” or a term of similar import, such term shall mean the current actual knowledge of Borrower each of ▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, in each case after reasonable diligence, and of Borrower’s or its Master Lessee’s, as applicable, respective executive officers or (other than ▇▇▇▇▇▇ ▇▇▇▇▇) and directors who would be likely to have actual knowledge of the relevant subject matter.
Appears in 2 contracts
Sources: Loan and Security Agreement (Station Casinos Inc), Loan and Security Agreement (Station Casinos Inc)
Borrower’s Knowledge. Whenever a representation or warranty is made “to Borrower’s knowledge,” to Borrower’s best knowledge,” “to BorrowerMaster Lessee’s knowledge,” “to Master Lessee’s best knowledge,” or a term of similar import, such term shall mean the actual knowledge of Borrower or its Master Lessee, as applicable, or their respective officers or directors who would be likely to have actual knowledge of the relevant subject matter.
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Borrower’s Knowledge. Whenever a representation or warranty is made “to Borrower’s knowledge,” “to Borrower’s best knowledge,” or a term of similar import, such term shall mean the actual knowledge after due inquiry of Borrower or its officers respective officers, directors or directors employees who would be likely to have actual knowledge of the relevant subject matter.
Appears in 1 contract
Sources: Credit Agreement (Toys R Us Inc)
Borrower’s Knowledge. Whenever a representation or warranty is made “to Borrower’s knowledge,” “, to Borrower’s best knowledge,” , or a term of similar import, such term shall mean the actual knowledge of Borrower or its officers officers, directors or directors employees (or those of its Affiliates) who would be likely to have actual knowledge of the relevant subject matter.
Appears in 1 contract
Sources: Loan Agreement (Parks America, Inc)
Borrower’s Knowledge. Whenever a representation or warranty is made “to Borrower’s knowledge,” “to Borrower’s best knowledge,” “to Master Lessee’s knowledge,” “to Master Lessee’s best knowledge,” or a term of similar import, such term shall mean the actual knowledge of Borrower or its Master Lessee, as applicable, or their respective officers or directors who would be likely to have actual knowledge of the relevant subject matter.
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