“The Date That Is”

The phrase the date that is—as in before the date that is, after the date that is, no later than the date that is, and so on—is almost always clutter and can be surgically excised. Nevertheless, it occurs in more than 10,000 contracts filed on the  SEC’s EDGAR system in the past year.

Here are some examples dredged from EDGAR, with the strikethrough added by me:

If the Exchange Offer is not completed … on or before the date that is 270 days after the Closing Date … [Preferred alternative: … no later than 270 days after the Closing …]

All invoices must be submitted on or before the date that is six months after the Additional Premises Commencement Date. [Preferred alternative: … no later than six months after the Additional Premises Commencement Date.]

… with respect to the Collection Period that commences at any time following the date that is not later than three months following adoption of the form thereof by the CREFC(R).

… are included in the registration statement on Form F-1 or Form F-3 or otherwise, as applicable, that is to be filed with the Securities and Exchange Commission promptly and in no event later than the date that is 60 days after the closing of the merger with Westinghouse Solar, Inc.

Each Letter of Credit shall expire at or prior to the close of business on the earlier of (i) the date that is one year after the date of the issuance of such Letter of Credit …

The only exceptions I encountered were in the definition of a defined term that uses the word date. In that context, you can’t avoid using the date that is:

“LIBOR Determination Date”: (i) With respect to the initial Interest Accrual Period, the date that is two (2) LIBOR Business Days prior to the Closing Date, and …

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.