When listing material contracts on disclosure schedules, is there a difference between using “dated as of x date” and just “dated x date”? Using the latter probably saves a couple hundred bucks for the client so asking…

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The fact that this is what people care about is exactly why I left m&a. Imagine doing 7 years of post secondary education and getting two degrees to spend a good chunk of your time deciding between dated as of vs dated

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I was taught uniformity is what matters here. As long as they all say the same, doesn’t matter.

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Thx

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I would defer to the language in each contract when listing it on a disclosure.

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Yes.

Depends on each agreement, what does each say? “Dated as of” is a flag to the reader that the agreement was signed on a different date than the agreement date. Normally that’s seen in old school Indentures and mortgages.

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All that matters is uniformity

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There is a difference. The schedule should match the agreements.

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Using the phrase "dated [date]" without "as of" may still convey the same meaning, but it could potentially create ambiguity or confusion if there are other dates referenced in the contract or if the contract contains provisions that are triggered by specific events or timelines.

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