Common use of Interpretation; Knowledge Clause in Contracts

Interpretation; Knowledge. (a) When a reference is made in this Agreement to exhibits, such reference shall be to an exhibit to this Agreement unless otherwise indicated. When a reference is made in this Agreement to sections, such reference shall be to a section of this Agreement. Unless otherwise indicated the words “include,” “includes” and “including” when used herein shall be deemed in each case to be followed by the words “without limitation.” The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. When reference is made herein to “the business of” an entity, such reference shall be deemed to include the business of all direct and indirect subsidiaries of such entity. Reference to the subsidiaries of an entity shall be deemed to include all direct and indirect subsidiaries of such entity. (b) For purposes of this Agreement the term “knowledge” means with respect to a party hereto, with respect to any matter in question, that any of the executive officers of such party has actual knowledge of such matter or knowledge that such individual could reasonably be expected to obtain upon reasonable investigation or inquiry into such matter.

Appears in 3 contracts

Sources: Stock Purchase Agreement (Resonate Blends, Inc.), Stock Purchase Agreement (Resonate Blends, Inc.), Stock Purchase Agreement (Qpagos)

Interpretation; Knowledge. (a) When a reference is made in this Agreement to exhibitsExhibits, such reference shall be to an exhibit Exhibit to this Agreement unless otherwise indicated. When a reference is made in this Agreement to sectionsSections, such reference shall be to a section Section of this AgreementAgreement unless otherwise indicated. Unless otherwise indicated the The words “include"INCLUDE,” “includes” " "INCLUDES" and “including” "INCLUDING" when used herein shall be deemed in each case to be followed by the words "without limitation." The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. When reference is made herein to “the business of” "THE BUSINESS OF" an entity, such reference shall be deemed to include the business of all direct and indirect subsidiaries of such entity. Reference to the subsidiaries of an entity shall be deemed to include all direct and indirect subsidiaries of such entity. (b) For purposes of this Agreement the term “knowledge” "KNOWLEDGE" means with respect to a party hereto, with respect to any matter in question, that any of the executive officers Chief Executive Officer, Chief Financial Officer, General Counsel, Director of Legal Affairs or Controller of such party party, has actual knowledge of such matter or knowledge that such individual could reasonably be expected to obtain upon reasonable investigation or inquiry into such matter.

Appears in 3 contracts

Sources: Merger Agreement (Network Associates Inc), Agreement and Plan of Reorganization (Network General Corporation), Agreement and Plan of Reorganization (McAfee Associates Inc)

Interpretation; Knowledge. (a) When a reference is made in this Agreement to exhibitsExhibits, such reference shall be to an exhibit Exhibit to this Agreement unless otherwise indicated. When a reference is made in this Agreement to sectionsSections or Articles, such reference shall be to a section Section or Article of this AgreementAgreement unless otherwise indicated. Unless otherwise indicated the words “include,” “includes” and “including” when used herein shall be deemed in each case to be followed by the words “without limitation.” The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. When reference is made herein to “the business of” an entity, such reference shall be deemed to include the business of all direct and indirect subsidiaries of such entity. Reference to the subsidiaries of an entity shall be deemed to include all direct and indirect subsidiaries of such entity. (b) For purposes of this Agreement Agreement, the term “knowledgeKnowledge” means with respect to a party hereto, with respect to any matter in question, that any of the executive officers of such party has actual knowledge of such matter or knowledge that after having made inquiry of the employees responsible for such individual could reasonably be expected to obtain upon reasonable investigation or inquiry into such mattermatter in question.

Appears in 2 contracts

Sources: Merger Agreement (Sybase Inc), Merger Agreement (Sybase Inc)

Interpretation; Knowledge. (a) When a reference is made in this Agreement to exhibitsExhibits, such reference shall be to an exhibit Exhibit to this Agreement unless otherwise indicated. When a reference is made in this Agreement to sectionsSections, such reference shall be to a section Section of this Agreement. Unless Agreement unless otherwise indicated the words "include,” “" "includes" and "including" when used herein shall be deemed in each case to be followed by the words "without limitation." The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. When reference is made herein to "the business of" an entity, such reference shall be deemed to include the business of all direct and indirect subsidiaries of such entity. Reference to the subsidiaries of an entity shall be deemed to include all direct and indirect subsidiaries of such entity. (b) For purposes of this Agreement the term "knowledge" means with respect to a party hereto, with respect to any matter in question, that any of the executive officers Chief Executive Officer, Chief Financial Officer or Controller of such party party, has actual knowledge of such matter or knowledge that such individual could reasonably be expected to obtain upon reasonable investigation or inquiry into such matter.

Appears in 1 contract

Sources: Merger Agreement (Trusted Information Systems Inc)

Interpretation; Knowledge. (a) When a reference is made in this Agreement to exhibitsExhibits, such reference shall be to an exhibit Exhibit to this Agreement unless otherwise indicated. When a reference is made in this Agreement to sectionsSections, such reference shall be to a section Section of this AgreementAgreement unless otherwise indicated. Unless otherwise indicated the The words “include"INCLUDE,” “includes” " "INCLUDES" and “including” "INCLUDING" when used herein shall be deemed in each case to be followed by the words "without limitation." The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. When reference is made herein to “the business of” "THE BUSINESS OF" an entity, such reference shall be deemed to include the business of all direct and indirect subsidiaries of such entity. Reference to the subsidiaries of an entity shall be deemed to include all direct and indirect subsidiaries of such entity. (b) For purposes of this Agreement (a) as it relates to Parent, the term “knowledge” means with respect to a party hereto"KNOWLEDGE" means, with respect to any matter in question, that any of the executive officers Chief Executive Officer, Chief Financial Officer or Controller of such party Parent has actual knowledge of such matter; (b) as it relates to Company, the term "KNOWLEDGE" means, with respect to any matter in question, that any of the Chief Executive Officer, Chief Financial Officer or Controller of Company has actual knowledge that such individual could reasonably be expected to obtain upon reasonable investigation or inquiry into of such matter.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Atl Products Inc)

Interpretation; Knowledge. (a) When a reference is made in this Agreement to exhibitsExhibits, such reference shall be to an exhibit Exhibit to this Agreement unless otherwise indicated. When a reference is made in this Agreement to sectionsSections, such reference shall be to a section Section of this Agreement. Unless otherwise indicated the words “include,” “includes” and “including” when used herein shall be deemed in each case to be followed by the words “without limitation.” The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. When reference is made herein to “the business of” an entity, such reference shall be deemed to include the business of all direct and indirect subsidiaries of such entity. Reference to the subsidiaries of an entity shall be deemed to include all direct and indirect subsidiaries of such entity. (b) For purposes of this Agreement the term “knowledgeknowledge ” means with respect to a party hereto, with respect to any matter in question, that any of the executive officers of such party has actual knowledge of such matter or knowledge that such individual could reasonably be expected to obtain upon reasonable investigation or inquiry into such matter.

Appears in 1 contract

Sources: Merger Agreement (Twin Vee PowerCats, Co.)

Interpretation; Knowledge. (a) When a reference is made in this Agreement to exhibitsExhibits, such reference shall be to an exhibit Exhibit to this Agreement unless otherwise indicated. When a reference is made in this Agreement to sectionsSections or Articles, such reference shall be to a section Section or Article of this AgreementAgreement unless otherwise indicated. Unless otherwise indicated the words "include,” “" "includes" and "including" when used herein shall be deemed in each case to be followed by the words "without limitation." The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. When reference is made herein to "the business of" an entity, such reference shall be deemed to include the business of all direct and indirect subsidiaries of such entity. Reference to the subsidiaries of an entity shall be deemed to include all direct and indirect subsidiaries of such entity. (b) For purposes of this Agreement Agreement, the term “knowledge” "Knowledge" means with respect to a party hereto, with respect to any matter in question, that any of the executive officers of such party has actual knowledge of such matter or knowledge that after having made inquiry of the employees responsible for such individual could reasonably be expected to obtain upon reasonable investigation or inquiry into such mattermatter in question.

Appears in 1 contract

Sources: Merger Agreement (Extended Systems Inc)

Interpretation; Knowledge. (a) When a reference is made in this Agreement to exhibitsExhibits, such reference shall be to an exhibit Exhibit to this Agreement unless otherwise indicated. When a reference is made in this Agreement to sectionsSections, such reference shall be to a section of this Agreement unless otherwise indicated. For purposes of this Agreement. Unless otherwise indicated , the words “include,” “includes” and “including,” when used herein herein, shall be deemed in each case to be followed by the words “without limitation.” The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. When reference is made herein to “the business of” an entity, such reference shall be deemed to include the business of all direct such entity and indirect subsidiaries of such entity. Reference to the subsidiaries of an entity shall be deemed to include all direct and indirect subsidiaries of such entityits subsidiaries, taken as a whole. (b) For purposes of this Agreement Agreement, the term “knowledgeKnowledgemeans means, with respect to a party hereto, with respect to any matter in question, that any the actual knowledge of the executive officers of such party has actual knowledge of such matter or knowledge that such individual could reasonably be expected to obtain upon reasonable investigation or inquiry into such matterparty.

Appears in 1 contract

Sources: Merger Agreement (Maxim Pharmaceuticals Inc)

Interpretation; Knowledge. (a) When a reference is made in this Agreement to exhibitsExhibits, such reference shall be to an exhibit Exhibit to this Agreement unless otherwise indicated. When a reference is made in this Agreement to sectionsSections, such reference shall be to a section Section of this Agreement. Unless otherwise indicated the words “include,” “includes” and “including” when used herein shall be deemed in each case to be followed by the words “without limitation.” The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. When reference is made herein to “the business of” an entity, such reference shall be deemed to include the business of all direct and indirect subsidiaries of such entity. Reference to the subsidiaries of an entity shall be deemed to include all direct and indirect subsidiaries of such entity. (b) For purposes of this Agreement the term “knowledge” means with respect to a party hereto, with respect to any matter in question, that any of the executive officers of such party has actual knowledge of such matter or knowledge that such individual could reasonably be expected to obtain upon reasonable investigation or inquiry into such matter.

Appears in 1 contract

Sources: Merger Agreement (Callisto Pharmaceuticals Inc)