“Aforesaid” and “Aforementioned”

You recall my recent post about the foregoing (here)? Well, suppress your gag reflex and meet its close relatives, aforesaid and aforementioned.

The word aforesaid comes in two flavors. First, it occurs in the phrase as aforesaid:

Each such notice, request or other communication shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid and return receipt requested …

… the Company agrees to take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid.

As used in this Agreement, “Company” shall mean the Company as hereinbefore defined and any successor to its business and/or assets as aforesaid which assumes and agrees to perform this Agreement by operation of law, or otherwise.

In each case, you’d be better off saying in accordance with section X or as stated in section X.

And second, aforesaid is used as an adjective:

… provided, further, that if any of the aforesaid rates shall be less than zero, such rate shall be deemed to be zero for purposes of this Agreement.

… the Administrative Agent will make the funds so received from the Banks available to the applicable Account Party at the Administrative Agent’s aforesaid address.

No such amendment or waiver shall reduce the aforesaid percentage of the Registrable Securities …

In this context, the aforesaid serves a function equivalent to the demonstrative pronouns this, that, these, and those. Try using one of them instead.

The word aformentioned is used in the same ways as aforesaid.

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.