Promptly: Difference between revisions

8 bytes removed ,  19 November 2019
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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 measured upon an atomic clock that the alteration to said investment policy is formally approved in the institution’s minutes?  
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”?


You might think Party A needs ''some'' time to collect itself, canter back to the office, fish the Rolodex out of the drawer, find Party A’s number, clear its throat, wait for Party A to pick up the line and exchange some human 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.
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: