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.
Appears in 11 contracts
Samples: Convertible Note and Warrant Purchase Agreement (LOCAL Corp), Convertible Note and Warrant Purchase Agreement (Netsol Technologies Inc), Common Stock and Warrant Purchase Agreement (Avatech Solutions Inc)
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.
Appears in 8 contracts
Samples: Stock Purchase Agreement (Relationserve Media Inc), Preferred Stock and Warrant Purchase Agreement (Orthovita Inc), Common Stock and Warrant Purchase Agreement (Nexmed Inc)
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 directors, officers and executive officers managers of such corporation (including, if applicable, any person designated as a chief scientific, medical or technical officer) assuming such persons 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 knowledge of such individual assuming the individual shall have made inquiry that is customary and appropriate under the circumstances to which reference is made.
Appears in 3 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Spectrum Pharmaceuticals Inc), Common Stock and Warrant Purchase Agreement (Spectrum Pharmaceuticals Inc), Preferred Stock and Warrant Purchase Agreement (Spectrum Pharmaceuticals Inc)
Construction of Agreement; Knowledge. For purposes of this Agreement, the term “knowledge"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.
Appears in 3 contracts
Samples: Note Purchase Agreement (National Coal Corp), Preferred Stock and Warrant Purchase Agreement (National Coal Corp), Warrant Purchase Agreement (National Coal Corp)
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 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 knowledge of such individual assuming the individual shall have made inquiry that is customary and appropriate under the circumstances to which reference is made.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Langer Inc), Note and Warrant Purchase Agreement (Merlin Software Technologies International Inc)
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”.
Appears in 2 contracts
Samples: Subscription Agreement (Fashionista Distributor Holdings Inc.), Subscription Agreement (Fashionista Distributor Holdings Inc.)
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 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 knowledge of such individual assuming the individual shall have made inquiry that is customary and appropriate under the circumstances to which reference is made.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Net Perceptions Inc)
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 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 knowledge of such individual assuming the individual shall have made inquiry that is customary and appropriate under the circumstances to which reference is made.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Kanders Warren B)
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.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Familymeds Group, Inc.)
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 of such corporation (including, if applicable, any person designated as a chief scientific, medical or technical officer) assuming after such persons 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 assuming after the individual shall have made inquiry that is customary and appropriate under the circumstances to which reference is made.
Appears in 1 contract
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 of such corporation (including, if applicable, any person designated as a chief scientific, medical or technical officer) assuming after such persons 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 assuming after the individual shall have made inquiry that is customary and appropriate under the circumstances to which reference is made.
Appears in 1 contract
