USE OF THE WORDS. XXXXX XXXXX". Xxxxx Xxxxx Corp. (hereinafter referred to as "EVC"), which owns (either directly or through subsidiaries) all of the capital shares of the Investment Adviser of the Trust (or of the investment adviser of each of the investment companies referred to in the last paragraph of Section 2.3), has consented to the use by the Trust of the identifying words "Xxxxx Xxxxx" in the name of the Trust. Such consent is conditioned upon the continued employment of EVC or a subsidiary or affiliate of EVC as Investment Adviser of the Trust or as the investment adviser of each of the investment companies referred to in the last paragraph of Section 2.3. As between the Trust and itself, EVC shall control the use of the name of the Trust insofar as such name contains the identifying words "Xxxxx Xxxxx". EVC may from time to time use the identifying words "Xxxxx Xxxxx" in other connections and for other purposes, including, without limitation, the names of other investment companies, trusts, corporations or businesses which it may manage, advise, sponsor or own or in which it may have a financial interest. EVC may require the Trust to cease using the identifying words "Xxxxx Xxxxx" in the name of the Trust if EVC or a subsidiary or affiliate of EVC ceases to act as investment adviser of the Trust or as the investment adviser of each of the investment companies referred to in the last paragraph of Section 2.3.
USE OF THE WORDS. “Best Knowledge” The words “best knowledge”, “to the best of the Borrower’s knowledge”, “to the knowledge of”, “of which they are aware”, “any knowledge of” or other similar expressions limiting the scope of any representation, warranty, acknowledgement, covenant or statement by the Borrower or the Credit Parties will be understood to be made on the basis of the actual knowledge of any of the executive officers of the Borrower or Credit Party, in each case, after due inquiry.
USE OF THE WORDS. “Best Knowledge” The words “best knowledge”, “to the best of the knowledge”, or “of which it is aware” or other expressions limiting the scope of any representation, warranty, acknowledgement, covenant or statement by any Person means that, as of the date of this Agreement, no information has come to the attention of that Person, if an individual, or the directors and senior officers of that Person, if a corporation, which would give any of them actual knowledge of facts contrary to the existence or absence of the facts indicated after due inquiry.
USE OF THE WORDS. “American Beacon”. American Beacon Advisors, Inc. has consented to the use by the Trust of the identifying words “American Beacon Institutional Funds Trust.” Such consent is conditioned upon the employment of American Beacon Advisors, Inc., its successors or its Affiliated Persons as investment advisor or manager of the Trust. As between the Trust and itself, American Beacon Advisors, Inc. controls the use of the name of the Trust insofar as such name contains the identifying words “American Beacon Institutional Funds Trust.” American Beacon Advisors, Inc. may from time to time use the identifying words “American Beacon Institutional Funds Trust” in other connections and for other purposes, including, without limitation, in the names of other corporations or businesses which it may manage, advise, sponsor or own, or in which it may have a financial interest. American Beacon Advisors, Inc. may require the Trust to cease using the identifying words “American Beacon Institutional Funds Trust” in the name of the Trust, if the Trust ceases to employ American Beacon Advisors, Inc. or another subsidiary or affiliate of American Beacon Advisors, Inc. as investment advisor or manager.
USE OF THE WORDS. HIGHLAND CAPITAL." Highland Capital Management, L.P. (hereinafter referred to as Highland Capital) has consented to the use by the Trust of the identifying words "Highland Capital" in the name of the Trust. Such consent is conditioned upon the continued employment of Highland Capital or a subsidiary or affiliate of Highland Capital as Investment Adviser of the Trust or as the investment adviser of each of the investment companies referred to in the last paragraph of Section 2.9. As between the Trust and itself, Highland Capital shall control the use of the name of the Trust insofar as such name contains the identifying words "Highland Capital. " Highland Capital from time to time may use the identifying words "Highland Capital" in other connections and for other purposes, including, without limitation, the names of other investment companies, trusts, corporations or businesses which it may manage, advise, sponsor or own or in which it may have a financial interest. Highland Capital may require the Trust to cease using the identifying words "Highland Capital" in the name of the Trust if Highland Capital or a subsidiary or affiliate of Highland Capital ceases to act as investment adviser of the Trust or as the investment adviser of each of the investment companies referred to in the last paragraph of Section 2.9.
USE OF THE WORDS. Knowledge" The words "knowledge", "to their knowledge", or "of which they are aware" or other expressions limiting the scope of any representation, warranty, acknowledgement, covenant or statement by an Amalgamating Company means that the Amalgamating Company has reviewed all records, documents and other similar information in its possession or under its control which would be regarded as reasonably relevant to the matter and have made appropriate enquiries of the directors or senior officers of the Amalgamating Company. For greater certainty, (i) the Interim Chief Executive Officer of CHMA shall not be included within the category of senior officers of CMHA for purposes of this Section 1.3, (ii) no knowledge, whether actual, deemed, imputed or inferred shall be attributed to such individual on behalf of CMHA as a result of her role as Interim Chief Executive Officer of CMHA, and
