Definition of “Knowledge. For the purposes of this Agreement, the Company shall only be deemed to have “knowledge” of a particular fact or other matter, if an executive officer of the Company is actually aware of such fact or matter, or a reasonably prudent individual operating in the capacity of an executive officer of the Company could be expected to discover or otherwise become aware of such fact or matter in the ordinary course of fulfilling the responsibilities of an executive officer.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Singing Machine Co Inc), Securities Purchase Agreement (West Coast Pictures LLC), Securities Purchase Agreement (Singing Machine Co Inc)
Definition of “Knowledge. For the purposes of this Agreement, the Company shall only be deemed to have “"knowledge” " of a particular fact or other matter, if an executive officer of the Company is actually aware of such fact or matter, or a reasonably prudent individual operating in the capacity of an executive officer of the Company could be expected to discover or otherwise become aware of such fact or matter in the ordinary course of fulfilling the responsibilities of an executive officer.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Omni Energy Services Corp), Securities Purchase Agreement (Singing Machine Co Inc), Securities Purchase Agreement (Singing Machine Co Inc)
Definition of “Knowledge. For the purposes of this Agreement, "knowledge" or "known" or a similar phrase shall mean only matters as to which any of the executive officers of the Company shall only be deemed to has actual knowledge, and matters which are not actually known but should have “knowledge” of a particular fact or other matter, if an been known by any such executive officer of the Company is actually aware of such fact or matter, or based upon a reasonably prudent individual operating in reasonable investigation and inquiry with respect to the capacity of an executive officer correctness and validity of the Company could be expected to discover representation, warranty or otherwise become aware of such fact or other matter in the ordinary course of fulfilling the responsibilities of an executive officerso qualified by knowledge.
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Definition of “Knowledge. For the purposes of As used in this Agreement, the Company shall only an individual will be deemed to have “"knowledge” " of a particular fact or other matter, matter if an executive officer of the Company (a) such individual is actually aware of such fact or other matter, ; or (b) a reasonably prudent individual operating in the capacity of an executive officer of the Company diligent person could be expected to discover or otherwise become be aware of such fact or other matter in the ordinary course of fulfilling operating a business of the responsibilities scope and nature of an Seller. Seller will be deemed to have "knowledge" of a particular fact or matter if any of Seller's executive officerofficers has knowledge of such fact or other matter.
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