Corporate & Securities Law

?As Well As?

By Ken Adams

In this October 2008 blog post I said that together with is usually a roundabout way of saying, depending on the circumstances, and or with or plus.

Well, it just crossed my mind that a related usage is as well as?you should be able to use and instead.

Often together with and as well as contribute to a long-winded recitation of the elements of a class:

The Borrower hereby grants a security interest to the Lender in, and pledges, assigns and sets over to the Lender, all of the Collateral, together with any certificates representing the same, and all substitutions therefor, proceeds thereof and therefrom, and all cash dividends in respect thereof, as well as all stock or other securities at any time and from time to time receivable or otherwise distributable in respect thereof, exchanged therefor, derived therefrom, substituted therefor, or otherwise issued pursuant to stock split, recapitalization, stock dividend or similar corporate act affecting the Collateral and all distributions, whether cash or otherwise, in the nature of a partial or complete liquidation affecting the Collateral (all of which Collateral, dividends, cash, property, securities, and liquidating distributions are herein called the “Pledged Collateral”).

Using instead enumerated clauses linked with and would be conducive to greater discipline.

Full post as published by AdamsDrafting on January 20, 2009 (boomark / email).