Common use of Knowledge; Discretion Clause in Contracts

Knowledge; Discretion. All references herein to the Company’s or the Bank’s knowledge shall be deemed to mean the knowledge of such party based on the actual knowledge of such party’s President, Chief Executive Officer and Chief Financial Officer or such other persons holding equivalent offices. All references herein to Purchaser’s knowledge shall be deemed to mean the knowledge of such Purchaser based on the actual knowledge of Purchaser’s Chief Executive Officer and Chief Financial Officer or such other persons holding equivalent offices. Unless specified to the contrary herein, all references herein to an exercise of discretion or judgment by a Purchaser, to the making of a determination or designation by a Purchaser, to the application of a Purchaser’s discretion or opinion, to the granting or withholding of a Purchaser’s consent or approval, to the consideration of whether a matter or thing is satisfactory or acceptable to a Purchaser, or otherwise involving the decision making of a Purchaser, shall be deemed to mean that such Purchaser shall decide using the reasonable discretion or judgment of a prudent lender.

Appears in 2 contracts

Samples: Form of Subordinated Note Purchase Agreement (Orange County Bancorp, Inc. /DE/), Subordinated Note Purchase Agreement (Riverview Financial Corp)

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Knowledge; Discretion. All references herein to the Company’s or the Bank’s knowledge shall be deemed to mean the knowledge of such party based on the actual knowledge of such party’s President, President and Chief Executive Officer and Chief Financial Officer or such other persons holding equivalent officesoffices after due inquiry. All references herein to Purchaser’s knowledge shall be deemed to mean the knowledge of such Purchaser based on the actual knowledge of Purchaser’s Chief Executive Officer and Chief Financial Officer or such other persons holding equivalent offices. Unless specified to the contrary herein, all references herein to an exercise of discretion or judgment by a Purchaser, to the making of a determination or designation by a Purchaser, to the application of a Purchaser’s discretion or opinion, to the granting or withholding of a Purchaser’s consent or approval, to the consideration of whether a matter or thing is satisfactory or acceptable to a Purchaser, or otherwise involving the decision making of a Purchaser, shall be deemed to mean that such Purchaser shall decide using the reasonable discretion or judgment of a prudent lender.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Salisbury Bancorp Inc)

Knowledge; Discretion. All references herein to the CompanyPurchaser’s or the BankCompany’s knowledge shall be deemed to mean the knowledge of such party based on (a) the actual knowledge of a Purchaser who is a natural person, or (b) in the case of Purchasers that are not natural persons and in the case of the Company, the actual knowledge of such party’s PresidentChief Executive Officer, Chief Executive Officer and Chief Financial Officer or such other persons holding equivalent offices. All references herein to Purchaser’s knowledge shall be deemed to mean the knowledge of such Purchaser based on the actual knowledge of Purchaser’s Chief Executive Officer Operating Officer, and Chief Financial Officer or such other persons holding equivalent offices. Unless specified to the contrary herein, all references herein to an exercise of discretion or judgment by a Purchaser, to the making of a determination or designation by a Purchaser, to the application of a Purchaser’s discretion or opinion, to the granting or withholding of a Purchaser’s consent or approval, to the consideration of whether a matter or thing is satisfactory or acceptable to a Purchaser, or otherwise involving the decision making of a Purchaser, shall be deemed to mean that such Purchaser shall decide using the reasonable discretion or judgment of a prudent lender.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (RBB Bancorp)

Knowledge; Discretion. All references herein to the Company’s or the Bank’s knowledge shall be deemed to mean the knowledge of such party the Company based on the actual knowledge of such party’s President, its Chief Executive Officer and Chief Financial Officer or such other persons holding equivalent officesOfficer. All If the Purchaser is an entity, all references herein to such Purchaser’s knowledge shall be deemed to mean the knowledge of such Purchaser based on the actual knowledge of Purchaser’s its Chief Executive Officer and Chief Financial Officer or such other persons holding equivalent offices. Unless specified to the contrary herein, all references herein to an exercise of discretion or judgment by a Purchaser, to the making of a determination or designation by a Purchaser, to the application of a Purchaser’s discretion or opinion, to the granting or withholding of a Purchaser’s consent or approval, to the consideration of whether a matter or thing is satisfactory or acceptable to a Purchaser, or otherwise involving the decision making of a Purchaser, shall be deemed to mean that such Purchaser shall decide using the reasonable discretion or judgment of a prudent lender.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Meridian Corp)

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Knowledge; Discretion. All references herein to the Company’s or the Bank’s knowledge shall be deemed to mean the knowledge of such party based on the actual knowledge of such partythe Company’s Presidentexecutive chairman, Chief Executive Officer president, chief executive officer and Chief Financial Officer chief financial officer or such other persons holding equivalent offices. All references herein to a Purchaser’s knowledge shall be deemed to mean the knowledge of such Purchaser based on the actual knowledge of such Purchaser’s Chief Executive Officer chief executive officer and Chief Financial Officer chief financial officer or such other persons holding equivalent offices. Unless specified to the contrary herein, all references herein to an exercise of discretion or judgment by a Purchaser, Purchaser to the making of a determination or designation by a Purchaser, to the application of a Purchaser’s discretion or opinion, to the granting or withholding of a Purchaser’s consent or approval, to the consideration of whether a matter or thing is satisfactory or acceptable to a Purchaser, or otherwise involving the decision making of a Purchaser, shall be deemed to mean that such Purchaser shall decide using the reasonable discretion or judgment of a prudent lender.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Bancfirst Corp /Ok/)

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