Knowledge Qualification Sample Clauses

Knowledge Qualification. Whenever a representation or warranty is made herein based on the knowledge of Incubate or Organitech (as the case may be) such knowledge shall be deemed to refer to the actual knowledge of the Chief Executive Officer, the President or any Vice President of Incubate or Organitech (as the case may be).

Knowledge Qualification. Whenever a representation or ----------------------- warranty is made herein based on the knowledge of Seller or Purchaser (as the case may be), such representation or warranty is made based on the actual knowledge of Seller or Purchaser (as the case may be) including any officer, director or responsible employee thereof, and on the knowledge which Seller or Purchaser (as the case may be) would have had if it had conducted a diligent inquiry into the subject matter of the representation or warranty.

Knowledge Qualification. All representations and warranties by the Primary Sellers contained in this Section 4.2 are hereby qualified and limited by, and are hereby made subject to, the Knowledge of the Primary Sellers to the extent such representations and warranties cover or relate to liabilities, obligations, claims, losses, expenses, damages, actions, liens and deficiencies of the Company or its Affiliates due to or arising out of actions or inactions of the Company or its Affiliates taken prior to August 23, 2007; provided, however, the Primary Sellers had used commercially reasonable efforts in obtaining such Knowledge.

Knowledge Qualification. XI 3.25 ACKNOWLEDGMENT REGARDING PURCHASER'S PURCHASE OF THE CONVERTIBLE DEBENTURE & WARRANT........................... XI 3.26

Knowledge Qualification. 23 ARTICLE V

Knowledge Qualification. 17 SECTION 4 - Representations and Warranties of Purchaser.................. 17

Knowledge Qualification. Phrases referring to the Company's knowledge, awareness or belief as used in connection with any representation or warranty of the Company in this Section 3 mean all facts and matters which are known or which reasonably should be known through the exercise of due diligence by the following officers of the Company: Barry M. Smith, Perry Fine, Carolyn Cassin, David E. Daucher (who is ▇▇▇▇▇▇▇▇▇▇▇▇ to be responsi▇▇▇ ▇▇▇ ▇▇▇ ▇▇ow▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ing whether the Products and Systems of the Company and its Subsidiaries are Year 2000 Compliant) and Lois Armstrong.

Knowledge Qualification. The representations and warranties ----------------------- in this Article IV which are made by TV Stockholder to their knowledge shall not be deemed to imply that TV Stockholder have made any investigation to determine the accuracy thereof and Purchaser and HK acknowledge that TV Stockholder have not made any such investigation.

Knowledge Qualification. 46 Section 12.3. Binding Effect and Assignment............................................................47 Section 12.4. Consents, Further Assurances.............................................................47 Execution