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Re: [Czechlist] TERM: AJ-NJ(CJ) "solvent amalgamation of reconstruction"

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  • Michael Trittipo
    ... With the or instead of of, that makes sense. Good spotting that as a typo. With an or the phrase could be decent UK legalese. I was hasty not to
    Message 1 of 9 , May 18, 2006
      James Kirchner wrote:
      > Someone is amalgamating two companies (i.e., merging them) and either
      > both companies are financially solvent, or else the new entity is
      > solvent after the merger. In other words, the merger can be achieved
      > without any outside financing.
      >

      With the "or" instead of "of," that makes sense. Good spotting that as
      a typo. With an "or" the phrase could be decent UK legalese. I was
      hasty not to consider the possible typos, too. (The error of "except"
      when clearly "unless" or an equivalent phrase was meant still stands as
      a sign of xeno-english.) With an "or," the "amalgamation" would be some
      kind of merger; and the "solvent" would indicate, as you write, that
      afterwards the new entity must be solvent. So the thing ("except this
      is for the purpose of *solvent amalgamation of reconstruction") could be
      rephrased as something like "unless this be for the purpose of solvent
      amalgamation _or_ reconstruction" or "other than for the purpose of an
      amalgamation or reconstruction in which the resulting entity is solvent"
      or something close.

      I'm sure it would be easier to do Chinese to German than Chinese to fake
      English to German. Or at least, if the decision to use a "bridge"
      language is to be honored, they ought at least to make sure it's a real
      bridge, not a rickety thing that would be considered a shambles even by
      comparison with the rope bridge in Romancing the Stone. :-)

      In my earlier message, I gave a vaguely Shakespearean "except this be
      maintained" that today would have to be "unless this be/is maintained."
      I went looking, and that exact phrase doesn't appear in Shakespeare. I
      had blended -- err, "amalgamated" :-) -- "must be so maintained" with
      the numerous instances of "except" in the Bard's works in the sense of
      "unless." Real examples from the poet of Avon upon request. :-)

      Bottom line, Helgo: treat it as though it says "other than for the
      purpose of a merger or reorganization in which the resulting entity is
      solvent" and you'll be as safe as the text can let you be.
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