An additional facet of the disclosure complex, especially as it relates to the scienter standard of recklessness, is the implication for the financial institutions and their professional advisors of a duty to conduct a reasonable due diligence to make certain that what they have said about SCF is the whole of the material truth.

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He concluded that the architects did show reasonable skill, care and diligence.

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Our proposal is of course subject to a confirmatory due diligence review of the Company as well as the availability of reasonable financing.

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Rather than conduct due diligence into those valuations and distribution irregularities to determine that they were reasonable and that the Apple REITs were suitable, DLA accepted the valuations and continued to record them on customer account statements.

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But what happens when the due diligence of the lender is missing, or economic assumptions are unreasonable or no longer reasonable partly because they are so intertwined with debt?

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