Construction of Agreement; Knowledge. For purposes of this Agreement, the term “knowledge,” when used in reference to a corporation means the knowledge of the directors and executive officers of such corporation (including, if applicable, any person designated as a chief scientific, medical or technical officer) assuming such persons shall have made inquiry that is customary and appropriate under the circumstances to which reference is made, and when used in reference to an individual means the knowledge of such individual assuming the individual shall have made inquiry that is customary and appropriate under the circumstances to which reference is made.
Construction of Agreement; Knowledge. The words "include," "includes," and "including" when used herein shall be deemed in each case to be followed by the words "without limitation." For purposes of this Agreement, and except as provided in the following sentence, the term "knowledge," when used in reference to a corporation means the actual knowledge of the executive officers of such corporation after such officers shall have made inquiry that is customary and appropriate under the circumstances to which reference is made, and when used in reference to an individual means the actual knowledge of such individual after the individual shall have made inquiry that is customary and appropriate under the circumstances to which reference is made.
Construction of Agreement; Knowledge. For purposes of this Agreement, the term "knowledge," when used in reference to a corporation means the knowledge of the directors and executive officers of such corporation (including, if applicable, any person designated as a chief scientific, medical or technical officer) assuming such persons shall have made inquiry that is customary and appropriate under the circumstances to which reference is made, and when used in reference to an individual means the knowledge of such individual assuming the individual shall have made inquiry that is customary and appropriate under the circumstances to which reference is made. Whenever any form of the word "include" is used in this Agreement, it shall be interpreted as if it were followed by the phrase "without limitation".
Construction of Agreement; Knowledge. For purposes of this Agreement, the term "KNOWLEDGE," when used in reference to a corporation means the knowledge of the directors and executive officers of such corporation (including, if applicable, any person designated as a chief scientific, medical or technical officer) assuming such persons shall have made inquiry that is customary and appropriate under the circumstances to which reference is made, and when used in reference to an individual means the knowledge of such individual assuming the individual shall have made inquiry that is customary and appropriate under the circumstances to which reference is made. Whenever any form of the word "include" is used in this Agreement, it shall be interpreted as if it were followed by the phrase "without limitation".
Construction of Agreement; Knowledge. A reference to an Article, Section or an Exhibit shall mean an Article of, a Section in, or Exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and shall not in any manner limit the construction of this Agreement which shall be considered as a whole. The words "include," "includes" and "including" when used herein shall be deemed in each case to be followed by the words "without limitation." For purposes of this Agreement, "knowledge" of any party shall mean the knowledge of the executive officers of such party after such officers shall have made inquiry that is customary and appropriate under the circumstances to which reference is made.
Construction of Agreement; Knowledge. The language hereof will not be construed for or against either party. A reference to a section, schedule or exhibit refers to a section in, or a schedule or an exhibit to, this Agreement, unless otherwise explicitly set forth. The titles and headings in this Agreement are for reference purposes only and will not in any manner limit the construction of this Agreement. For the purposes of such construction, this Agreement will be considered as a whole. References in this Agreement to the knowledge of VTI (or similar phrases) refer to the actual knowledge of any one or more of the officers and directors of VTI and any of the VTI Shareholders, each after due inquiry of its internal records or publicly available information; references in this Agreement to the knowledge of Edge (or similar phrases) refer to the actual knowledge of Xxxxxx X. Xxxxxxx, XX, President and Chief Executive Officer, or Xxxxx X. Xxxxxxx, Executive Vice President and Chief Financial Officer, after due inquiry of its internal records or publicly available information.
Construction of Agreement; Knowledge. The language hereof will not be construed for or against either party. A reference to a section, schedule or exhibit refers to a section in, or a schedule or an exhibit to, this Agreement, unless otherwise explicitly set forth. The titles and headings in this Agreement are for reference purposes only and will not in any manner limit the construction of this Agreement. For the purposes of such construction, this Agreement will be considered as a whole. References in this Agreement to the knowledge of Cheyenne or SES (or similar phrases) refer to the actual knowledge of any one or more of the officers and directors of Cheyenne or SES and any of the Shareholders, each after due inquiry of its internal records or publicly available information; references in this Agreement to the knowledge of IVG (or similar phrases) refer to the actual knowledge of any one or more of its officers and directors after due inquiry of its internal records or publicly available information.
Construction of Agreement; Knowledge. For purposes of this Agreement, the term “knowledge,” when used in reference to a corporation means the actual knowledge of the directors and executive officers (including, if applicable, any person designated as a chief scientific, medical or technical officer) of such corporation (including, without limitation, knowledge deemed held pursuant to the following sentence of this definition). Any director or executive officer or other person will be deemed to have actual knowledge of a particular fact, circumstance, event or other matter if a reasonable director or executive officer or other person who holds a comparable position in a similarly situated cancer therapeutics development company would have had knowledge of such fact, circumstance, event or other matter had it occurred in or with respect to such a company and had such director or executive officer made commercially reasonable inquiry with respect thereof.
Construction of Agreement; Knowledge. For purposes of this Agreement, the term "knowledge" of any person or entity shall mean and include (i) actual knowledge and (ii) that knowledge which a reasonably prudent business person could have obtained in the management of his or her business affairs after making due inquiry and exercising due diligence which a prudent business person should have made or exercised, as applicable, with respect thereto.
Construction of Agreement; Knowledge. A reference to an Article, Section, Schedule or Exhibit shall mean an Article of, a Section in, or Schedule or Exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and shall not in any manner limit the construction of this Agreement which shall be considered as a whole. The words "include," "includes," and "including" when used herein shall be deemed in each case to be followed by the words "without limitation." For purposes of this Agreement, and except as provided in the following sentence, the term "knowledge," when used in reference to a corporation means the actual knowledge of the executive officers of such corporation after such officers shall have made any such inquiry that is customary and appropriate under the circumstances to which reference is made, and when used in reference to an individual means the actual knowledge of such individual after the individual shall have made any such inquiry that is customary and appropriate under the circumstances to which reference is made.
