Knowledge of the Purchaser Sample Clauses

Knowledge of the Purchaser. 11.1 [***].

Knowledge of the Purchaser. Such Purchaser (a) is knowledgeable with respect to the financial, tax and business aspects of ownership of the Notes and the securities into which they may be converted and of the business of the Company and (b) can bear the economic risk of an investment in the Notes including the complete loss thereof. By virtue of his or its own knowledge and experience in financial and business matters, such Purchaser is capable of evaluating the merits and risks of making this investment. Such Purchaser is an "accredited investor" within the meaning of Rule 501(a) of Regulation D promulgated under the Securities Act as a result of: (i) A bank defined in Section 3(a)(2) of the Securities Act, or a savings and loan association or other institution as defined in Section 3(a)(5)(A) of the Securities Act, whether acting in its individual or fiduciary capacity; a broker or dealer registered pursuant to Section 15 of the Securities Exchange Act of 1934; an insurance company as defined in Section 2(13) of the Securities Act; an investment company registered under the Investment Company Act of 1940 (the "Investment Company Act") or a business development company as defined in Section 2(a)(48) of the Investment Company Act; a Small Business Investment Company licensed by the U.S. Small Business Administration under Section 301(3) or (d) of the Small Business Investment Act of 1958; a plan established and maintained by a state, its political subdivisions or any agency or instrumentality of a state or its political subdivisions for the benefit of its employees, if such plan has total assets greater than $5,000,000; an employee benefit plan within the meaning of the Employee Retirement Income Security Act of 1974 ("ERISA"), if the investment decision is made by a plan fiduciary, as defined in Section 3(21) of ERISA, which is either a bank, savings and loan association, insurance company, or a registered investment advisor, or if the employee benefit plan has total assets greater than $5,000,000 or, if a self-directed plan, with investment decisions made solely by persons that are accredited investors. (ii) A private business development company as defined in Section 202(a)(22) of the Investment Adviser Act of 1940. (iii) An organization described in Section 501(c)(3) of the Internal Revenue Code, corporation, Massachusetts or similar business trust, or partnership, not formed for the specific purpose of acquiring the securities offered, with total assets greater than $5 million. ...

Knowledge of the Purchaser. Such Purchaser (a) is knowledgeable with respect to the financial, tax and business aspects of ownership of the Notes and the securities into which they may be converted and of the business of the Company and (b) can bear the economic risk of an investment in the Notes including the complete loss thereof. By virtue of his or its own knowledge and experience in financial and business matters, such Purchaser is capable of evaluating the merits and risks of making this investment. Such Purchaser is an "accredited investor" within the meaning of Rule 501(a) of Regulation D promulgated under the Securities Act.

Knowledge of the Purchaser. Warranty Claims (other than Tax Claims) shall be excluded if and to the extent that the facts on which the Warranty Claim is based have been Disclosed.

Knowledge of the Purchaser. In this Agreement, and any documents delivered pursuant hereto, any reference to the knowledge of the Purchaser, or a similar expression, means the actual knowledge of the Purchaser after reasonable enquiry (but without personal liability) of ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and the other corporate officers of the Purchaser.

Knowledge of the Purchaser. The Sellers shall not be liable in respect of any Claim (excluding Fundamental Warranty Claims, Special Indemnity Claims and Indemnified Tax Claims) to the extent the Purchaser has Purchaser Actual Knowledge of the facts, matters, events or circumstances giving rise to such Claim.

Knowledge of the Purchaser. BNZ acknowledges that until September of 1995 it owned and operated the ▇▇▇▇▇▇ Circuits Business, and ▇▇▇▇▇▇▇▇ has served as a consultant to Seller and XIT from and after the date of sale to XIT. Therefore, Purchaser, BNZ and ▇▇▇▇▇▇▇▇ are familiar with the business, operations, assets, liabilities, properties and prospects of ▇▇▇▇▇▇ Circuits, and they are relying solely on their knowledge and the specific representations and warranties by Seller set forth herein, except as to any material information known to Seller and not to Purchaser, ▇▇▇▇▇▇▇▇ or BNZ and withheld from or not disclosed to Purchaser, ▇▇▇▇▇▇▇▇ or BNZ by Seller.

Knowledge of the Purchaser. For purposes of this Agreement, the term or phrase “

Knowledge of the Purchaser. The Purchaser does not have any information or knowledge of any material facts relating to the business of the Purchaser that, if known to ETS or the Vendors, might reasonably be expected to deter ETS or the Vendors from completing the purchase and sale contemplated herein, or the consummation by ETS or by the Vendors of the other transactions contemplated herein.