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Part 2: Assume that the Seller's representation about pending or threatened litigation remains based upon the Seller's knowledge, as stated in the initial draft above.
Part 2: Assume that the Seller's representation about pending or threatened litigation remains based upon the "Seller's knowledge," as stated in the initial draft above. Draft two definitions of the Seller's knowledge: One definition of "knowledge" that you would propose if you represented the Buyer in this scenario, reflecting what the Buyer would want the Seller's knowledge to include; and One definition of "knowledge" that you would propose if you represented the Seller being asked to make the representation, reflecting the Seller's desire to limit the scope of the representation the Seller is giving. Note that Part 2 does not ask you to restate the representation that will be given by the Seller. Instead, it asks you to define what the term "knowledge" will mean when it is used in the Seller's representation. Therefore, each of your definitions in this Part 2 should begin with the following words: "'Knowledge' means
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