Common use of Awareness Clause in Contracts

Awareness. Where a Warranty is given ‘to the best of the Seller’s knowledge’, or ‘so far as the Seller is aware’ or with a similar qualification as to the Seller’s awareness or knowledge, the Seller’s awareness is limited to and deemed only to include those facts, matters or circumstances of which a Specified Executive is actually aware as at the date of this agreement.

Appears in 2 contracts

Samples: Share Sale Agreement, Share Sale Agreement (Homeaway Inc)

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Awareness. Where a Warranty is given ‘to the best of the Seller’s knowledge’, or ‘so far as the Seller is aware’ or with a similar qualification as to the Seller’s awareness or knowledge, the Seller’s awareness is limited to and deemed only to include those facts, matters or circumstances only of which a Specified Executive is actually aware as at the date of this agreementagreement or would have been aware had the Specified Executive made reasonable enquiries in the circumstances.

Appears in 2 contracts

Samples: Share Sale Agreement (Coronado Global Resources Inc.), Share Sale Agreement (Coronado Global Resources Inc.)

Awareness. Where a Seller Warranty is given 'to the best of the Seller’s 's knowledge', or 'so far as the Seller is aware' or with a similar qualification as to the Seller’s 's awareness or knowledge, the Seller’s 's awareness is limited to and deemed only to include those facts, matters or circumstances of which a Specified Seller Group Executive is actually has actual knowledge or awareness or would have reasonably been aware as at the date of this agreementdocument, having made due enquiry.

Appears in 1 contract

Samples: Share Sale and Purchase Agreement (Interoil Corp)

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Awareness. Where a Warranty is given ‘to the best of the Seller’s Sellers’ knowledge’, or ‘so far as the Seller is Sellers’ are aware’ or with a similar qualification as to the Seller’s Sellers’ awareness or knowledge, the Seller’s Sellers’ awareness is limited to and deemed only to include those facts, matters or circumstances of which a Specified Executive is actually aware as at the date of this agreementagreement or would be aware of the fact, matter or circumstance if that Specified Executive had made reasonable enquiries of the persons and records likely to be relevant to the accuracy of the Warranty having regard to the Specified Executives position and circumstances.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Global Payments Inc)

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