Knowledge of the Seller. Where any representation or warranty contained in this Agreement is expressly qualified by reference to the “knowledge” of the Seller, it shall be deemed to refer to the actual knowledge of any director or officer of the Seller and the actual knowledge of the officers of the Guarantor, and all knowledge which such persons would have if it made due enquiry into the relevant subject matter having regard to his role and responsibilities as a director or officer of the Seller.
Appears in 2 contracts
Samples: Share Purchase Agreement (Yamana Gold Inc), Share Purchase Agreement (Yamana Gold Inc)
Knowledge of the Seller. Where any representation or warranty contained in this Agreement is expressly qualified by reference to the “knowledge” of the Seller, it shall be deemed to refer to the actual knowledge of any director or officer of the Seller Parent Company and the actual knowledge of the officers of the GuarantorMine Owner, and all knowledge which such persons would have if it such person made due enquiry into the relevant subject matter having regard to his the role and responsibilities of such person as a director or officer of the SellerParent Company and Mine Owner.
Appears in 1 contract
Knowledge of the Seller. Where any representation or warranty contained in this Agreement is expressly qualified by reference to the “knowledge” of the Seller, it shall be deemed to refer to the actual knowledge of any director or officer of the Seller and the actual knowledge of the officers of the GuarantorSeller, and all knowledge which such persons would have if it made due enquiry into the relevant subject matter having regard to his their role and responsibilities as a director or officer of the Seller.
Appears in 1 contract
Samples: Acquisition and Funding Agreement (New Gold Inc. /FI)