Friday, July 4, 2008

Closing Date

I received written confirmation yesterday
that August 15th, 2008 is the closing date,
not August 14th as I indicated in an earlier
post.

In my mind August 15th, is actually 61 days
not 60 days. If you look under Schedule 'A',
"Closing Date" it says, " the date that is
30 DAYS FROM ACCEPTANCE OF THIS AGREEMENT
OF PURCHASE AND SALE." I pulled out my
Webster's dictionary and looked up the word
'from.' its defined as follows: "indicating
a point of departure or starting point in
place or time or abstract calculation; indicating
origin"

Therefore, based on the definition
of the word 'from', the date of acceptance,
June 16th, 2008, would be the starting
point. Thus 60 days from June 16th, is
August 14th. Hey, I could be wrong
but, that's what it looks to be to me.

I'm suppose to sign an amended agreement
about a week before close and I would
think that since the closing date is
August 15th, not August 14th, I wouldn't
expect to see the word 'from' included
in the definition of "Closing Date."

By the way, I'm ok with August 15th,
2008 for the closing date. I just hope
the amended agreement reflects the
August 15th, closing date more accurately.
And perhaps that's what EWCP's lawyer
was quoting from, the amended version
of the agreement, when he wrote in his
letter,
" The Agreement of Purchase and Sale
with regard to the above-noted matter
states at "Definitions" of Schedule "A"
that the closing is 60 days after the
Agreement has been entered into."

EDIT IN - Sunday July 06, 2008

I think a more accurate definition
of "Closing Date" under Schedule "A"
of the Agreement of Purchase and
Sale would be to include the actual
date of closing, August 15, 2008.

Check out the agreement

http://picasaweb.google.com/scwmark/EastWindsor
CogenerationPropertiesInc
AgreementOfPurchaseAndSaleJune0520't 08

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