(First year if you can’t tell) if a contract has a date in the preamble and a separate effective date, which do you use for purposes of say scheduling contracts?

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Posting as :
works at
You are currently posting as works at

OP means for disclosure schedules.

This depends on how you all list everything. If “dated as of X,” then preamble date. If “effective, X” then effective date. Doesnt really matter, but just keep it consistent.

likehelpful

Or just say both - “dated as of X, effective as of Y”

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Agree with everyone above. But don’t ask strangers on the internet pick up the phone and ask your senior/mid level!

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Would agree with this but not all mids are…open to questions

Folks, in the context of disclosure schedules (or exhibits to SEC filings) it really should be “dated as of” and not something creative to try to work the effective date in. As A5 said, the point is just to identify the document. “Dated to be effective as of” and “Dated effective as of” just introduce unnecessary uncertainty.

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It also keeps you from having to take a position on what the effective date of a contract is if there’s inconsistent language within the doc or if effective date is contingent on something else

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Scheduling contracts? What do you mean

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Scheduling verb, not scheduling adjective, if that helps

This is about identifying the right document, so I usually pick "dated". If the other side is checking, it's easier to just look for that date at the top of the document. Effective dates are usually buried.

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Just scribble something with bad handwriting so nobody can tell.

funnylike

You can use either, so long as you're clear: "master agreement, dated as of x/effective as of y, by and among..."

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Dated as of x and effective as of y

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I almost always have the effective date as a separately defined term. Because there could be a lot of stuff that needs to be done before I want the K to go effective. Caveat though—I’m in commercial real estate, and there are usually a lot of things that needs to happen—deposit posted into escrow, other things delivered—until I want the clock to start ticking on, say, due diligence, etc.

I use “dated to be effective as of X.”

I do “dated effective as of” consistently. If there are two different dates most people care about the effective date so you want that in the schedule instead of just the date it was entered into

My senior trained me to use “dated as of X” to mean the effective date and “dated X” to mean the date of execution

"Dated as of" literally means, if they dated it "December 10" and did so on December 8, it was "dated as of December 8." That's definitely not an effective date. The literal meaning of your senior's phrases contradict the definitions he gave to them.

“Dated as of x and effective as of y”

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