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:''[[In the event that]] Party A makes any material changes to its investment policies it [[shall]] be [[obligated]] to {{strike|immediately}}{{insert|as soon as reasonably practicable}} notify Party B. | :''[[In the event that]] Party A makes any material changes to its investment policies it [[shall]] be [[obligated]] to {{strike|immediately}}{{insert|as soon as reasonably practicable}} notify Party B. | ||
What does “immediately”, as used here, even mean? Do we expect poor benighted Party A to be in [[fundamental breach]] should it fail to advise Party B at the instant | What does “immediately”, as used here, even mean? Do we expect poor benighted Party A to be in [[fundamental breach]] should it fail to advise Party B at the utter microscopic instant, measured upon an atomic clock, that the change is formally approved in the institution’s minutes? | ||
No? Then within what period can one dither and still be thought of as in the moment? | No? Then within what period can one dither and still be thought of as sufficiently in the moment to be “immediate”? | ||
Surely Party A needs ''some'' time to collect itself, canter back to the office, fish out its Rolodex, find Party A’s number, clear its throat, wait for Party A to pick up the line and exchange some pleasantries before imparting this vital news. If so, you might ask yourself just how different that sense of “[[immediately]]” is to “[[as soon as reasonably practicable]]”. ''Not very'', is your correspondent’s opinion. | |||
In any case, unless Party B is both gagging to close this poor fund, and possessed of some unnatural intelligence as to its precise internal workings, as a covenant it is literally unenforceable in any case. Here are the possible scenarios after Party A changes its investment policy: | In any case, unless Party B is both gagging to close this poor fund, and possessed of some unnatural intelligence as to its precise internal workings, as a covenant it is literally unenforceable in any case. Here are the possible scenarios after Party A changes its investment policy: |