“During the Period”

Following up on my post about the date that is (here), here’s another bit of clutter that occurs in references to time—the phrase during the period. Like the date that is, it occurs in more than 10,000 contracts filed on EDGAR in the past year. Here are some examples, as tweaked by me:

The Partnership will furnish to each Underwriter, without charge, during the period when[read whenever] a prospectus relating to the Units is … required to be delivered under the 1933 Act, such number of copies …

During a period of [read the] 180 days from the date of the Prospectus, …

… the amount determined under this Section 6(e) will be subject to such adjustments as are appropriate and permitted by law to reflect any payments or deliveries made by one party to the other under this Agreement … during the period from the relevant Early Termination Date to the date for payment determined under Section 6(d)(ii).

The Company further warrants and agrees that during the period within which [read For as long as] the rights represented by this Warrant may be exercised, the Company will at all times

But the phrase during that period is appropriate is a different matter, as it’s used not to establish a period but instead to refer to a period established elsewhere in the contract:

provided that at all times during that period the Company or the Guarantor is contesting such possession or appointment in good faith and diligently; …

… on the basis of the largest number of units outstanding at any time during the [read that] period for which suchcompensation is being computed.

 

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.