Due Inquiry definition

Due Inquiry means any and all inquiry, investigation and analysis which a prudent Person would undertake and complete with diligence with the intent of coming to a reasonable understanding of facts or circumstances, and shall include, where appropriate, a review of relevant records in such Person’s possession and inquiry of appropriate employees, officers and directors, and shall mean such inquiry, investigation, and analysis has occurred as of the Effective Date and as of the date of each supplement provided pursuant to Section 5.01(a) or 5.01(k).

Due Inquiry with respect to any matter means inquiry of and consultations with (A) the directors and officers of such Person and other individuals that have a similar position or have similar powers and duties as such officers and directors, (B) other employees of and the advisors to such Person, including legal counsel and outside auditors who have principal responsibility for the matter in question or are otherwise likely to have information relevant to the matter, and (C) the stockholders owning more than 10% of the equity interests, by vote or value, of such Person.

Due Inquiry means any and all inquiry, investigation and analysis in the ordinary course of business of relevant records in a Person’s possession and internal inquiry of appropriate employees, consultants, officers, directors, and direct reports of such Person.

Examples of Due Inquiry in a sentence

• The Lender must certify that, if the Upsized Tranche is unsecured, then, following Due Inquiry with Respect to Liens and otherwise solely in reliance on the Borrower Certifications and Covenants delivered by the Borrower to the Lender, the Lender has no knowledge or reason to believe that the Borrower’s other Loans or Debt Instruments (other than Mortgage Debt) are secured at the time of origination of the Upsized Tranche.

• The Lender must certify that, if the Eligible Loan is unsecured, then, following Due Inquiry with Respect to Liens and otherwise solely in reliance on the Lien and Collateral Valuation Reporting (as defined in the Borrower Certifications and Covenants) delivered by the Borrower to the Lender, the Lender has no knowledge or reason to believe that the Borrower’s other Loans or Debt Instruments (other than Mortgage Debt) are secured at the time of origination of the Eligible Loan.

• Automated IVR Refund and Balance Due Inquiry (573) 526-8299 Electronic Filing Information (573) 751-3505 General Inquiry Line (573) 751-3505 Form Ordering or Questions (800) 877-6881 Employer Withholding Tax Frequently Asked Questions Q.

• There is no litigation pending or, to its knowledge after Due Inquiry, threatened against Buyer which would prevent or hinder the consummation of the transactions contemplated by this Agreement.

• Wikel and Lee Sweigart, and the knowledge that each such Person would have reasonably obtained after making Due Inquiry with respect to the particular matter in question.

More Definitions of Due Inquiry

Due Inquiry means that the Borrower, consistent with good commercial or customary practice, has caused to be made by a responsible officer or agent of the Borrower appropriate inquiry among those directors, officers, employees, agents, accountants and attorneys for the Borrower who might reasonably be expected to have knowledge of the particular matter and, when such matter includes the condition of the Collateral, the Premises or other facility, has further undertaken appropriate inquiries into the present and past ownership and uses thereof.

Due Inquiry when used in relation to the Company, means after inquiries have been made of the appropriate officers, employees and directors of the Company who may reasonably be expected to have knowledge of facts which are material with respect to the fact in question;

Due Inquiry means that Selling Parties have made inquiry of all of Seller's executives, corporate officers and directors and any employee or agent of Seller with responsibility for environmental matters.

Due Inquiry means reasonable inquiry into any particular fact or matter as would reasonably be expected to become aware of such fact or other matter in the course of (i) carrying out the duties of the person as an officer and director of the Company or (ii) conducting a reasonable investigation concerning the existence of such fact or other matter.

Due Inquiry means due inquiry among the officers, executives and state and regional managers of the Company.

Due Inquiry means: • review of the financial statements and other financial information (including the pro forma balance sheet, pro forma statements of operations and annual projections of operating budget and cash flow budget) of or with respect to the Borrower and its consolidated subsidiaries referred to in Section 4.05 of the Credit Agreement; • review of the material terms of the facilities provided under the Credit Agreement, as set forth in the Loan Documents, and of the other financings in the Transactions; and • inquiring of other responsible officers of the Borrower with respect to (i) estimated levels of cash and working capital to be required following the consummation of the Transactions, (ii) liabilities, if any, not reflected in the financial statements (including the notes thereto) and other financial information referred to in Section 4.05 of the Credit Agreement and (iii) such other matters as, and in each case to the extent, the Chief Financial Officer deems, in his discretion, to be necessary or desirable in connection with the certifications made in the Certificate to which this Annex A is attached.

Due Inquiry is hereby defined to mean such inquiry by the applicable person as such person would normally be reasonably expected to make in the ordinary course of his regular and usual duties as either an employee or as a board member, as the case may be, of the Company.