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tel qu'amende ou reitere

English translation: as amended or restated.

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:tel qu'amende ou reitere
English translation:as amended or restated.
Entered by: Decipherit
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16:06 Nov 7, 2007
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: tel qu'amende ou reitere
The phrase is repeated throughout an agreement each time a contract is mentioned. Elsewhere also:
"Toute reference dans l'Acte a un autre contrat s'entendra comme une reference a cet autre contrat, tel qu'eventuellement modifie, reitere ou amende".
Decipherit
United Kingdom
Local time: 15:16
as amended, modified or restated.
Explanation:
I included the 'modified' in the translation since you gave it in the complete version farther down. The English boilerplate often also includes "supplemented" but this doesn't appear in the French (the verb would be 'completer' if it did appear). The notion of 'eventuellement' is implicit in the 'as' in English-- no need to say 'be it' or 'as it may be' or such like. If it has been amended, modified or restated, then any reference in the Agreement to any other contract is a reference to such contract as amended, modified or restated. If it hasn't been amended, modified or restated, then any reference in the Agreement to any other contract is a reference to that contract, tout court.

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Note added at 11 hrs (2007-11-08 03:46:46 GMT)
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Responding to my disagreement with the suggested phrasing "incorporating any modifications, endorsements or amendments made to the said Agreement" which read: "Your 'as' does actually mean taking into acount (incorporating) ANY changes made to the said Agreement, surely !". The problem is twofold: If you insert your suggested rendering into the sentence, you get " s'entendra comme une reference a cet autre contrat, incorporating any modifications, endorsements or amendments made to the said Agreement" which doesn't make any sense, because the subject of that sentence is 'reference' and the 'reference' isn't incorporating anything. (Note that "agreement" should not be capitalized either-- it's not the "Acte", which would be capitalized, but rather any other contract or agreement that the text is referring to.) The second problem is that the contract to which reference is made does not 'incorporate' modifications or amendments-- rather, it is simply modified or amended. There is a stock phrase 'incorporating by reference' which may be what you were thinking of, but that phrase doesn't fit here. For example, you can say, in a different context "the letter is attached to this document as Exhibit A and incorporated by reference as if fully set out within this document." To use that mechanism here, you'd have to say something like, "any reference to any other agreement incorporates by reference any modifications or amendments to or restatements of that agreement" which would be a bit circular, and way more complicated than you need to be. "Any reference to another agreement is a reference to that agreement as amended, modified or restated" is all you need to say. (Note also that 'endorsements' doesn't fit-- this is not an insurance policy, or a check) :)

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Note added at 12 hrs (2007-11-08 04:13:22 GMT)
--------------------------------------------------

Response to the following: "I don't agree with you, rufinus. Why don't you just check out "as possibly amended", which gets a little more than 1 google hit." You don't need any google hits to know that one can say, "as possibly amended, modified and restated".
Thanks Mathew. My point is this: It simply isn't necessary to add in "possibly", since that's implicit in "as amended, modified", and if you do add it in, you end up with a phrase that no one has ever used on the internet: "as possibly amended, modified..."-- a phrase that goes CLUNK! If you leave it out, you end up with a stock phrase that has been used 444,000 times on the internet in countless legal documents, and means the same thing as the French. Which is the better choice? (And yes, "as possibly amended" does get more than one google hit, as you say-- it gets 89--, but that's not the phrase we're asked to translate, which is "tel qu'eventuellement modifie, reitere ou amende", which translates as "as amended, modified or restated", a phrase that has been used in 11,200 documents appearing on the internet-- and hence passes the 'boilerplate test' with flying colors. Ask yourself this question: if it were necessary to include the word "possibly" in the phrase "as amended, modified or restated", why has it never been done? Every time a drafter has wanted to make sure that the reader understood that any reference to a contract that had been amended, modified or restated was a reference to that same contract as amended, modified or restated, and not a reference to the contract before it was amended, modified or restated, he has simply said 'as amended, modified or restated', and has never said 'as possibly amended, modified or restated'. Why do you think? Because it's simply not necessary to say "possibly', which adds unnecessary verbiage to a stock phrase that's been used for centuries.
Selected response from:

Attorney DC Bar
Local time: 16:16
Grading comment
Thanks and thanks to all :)))
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1as amended or re-enacted (from time to time)
Adam Lankamer
4incorporating any modifications, endorsements or amendments made to the said Agreement
ormiston
4as amended, modified or restated.Attorney DC Bar
4 -1as possibly amended, modified or restatedMatthewLaSon
4 -1as well as amends or reaffirms
Thais Maria Lips
3 -1be it amended or reaffirmedxxxVIV FATHIMAN


Discussion entries: 6





  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
as amended or re-enacted (from time to time)


Explanation:
http://tinyurl.com/3cx253

Adam Lankamer
Luxembourg
Local time: 16:16
Specializes in field
Native speaker of: Native in PolishPolish
PRO pts in category: 19
Notes to answerer
Asker: Thanks Adam :)


Peer comments on this answer (and responses from the answerer)
agree  anne wagner-findeisen: this is most accurate
13 mins

agree  xxxPRen
2 hrs

disagree  Attorney DC Bar: You cannot enact or re-enact a contract.
2 hrs
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5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
as well as amends or reaffirms


Explanation:
:-)

Thais Maria Lips
United States
Local time: 10:16
Works in field
Native speaker of: Native in PortuguesePortuguese, Native in EnglishEnglish
PRO pts in category: 4
Notes to answerer
Asker: Thanks Thais!


Peer comments on this answer (and responses from the answerer)
disagree  Attorney DC Bar: "tel que" does not mean "as well as" but rather "as"
2 hrs
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12 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
be it amended or reaffirmed


Explanation:
I think this is a closer translation ...all references...including those which are amended...so be they ammended or not, they are included.

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Note added at 13 mins (2007-11-07 16:19:40 GMT)
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be they not be it

xxxVIV FATHIMAN
Local time: 09:16
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
Notes to answerer
Asker: Thanks Viviane!


Peer comments on this answer (and responses from the answerer)
disagree  Attorney DC Bar: "be it" would be "que ce soit" or "qu'il soit" and I see what you're trying to do (translate 'eventuellement') but this is not necessary, there is a standard phrase for this in English.
2 hrs
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15 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
incorporating any modifications, endorsements or amendments made to the said Agreement


Explanation:
and of course AllegroTrans is right

ormiston
Local time: 16:16
Works in field
Native speaker of: English
PRO pts in category: 8
Notes to answerer
Asker: Thanks ormiston!


Peer comments on this answer (and responses from the answerer)
agree  Nina Iordache: Absolutely!
2 hrs
  -> thank you - I think the 'any' is needed here

disagree  Attorney DC Bar: Where do you get "incorporating"? No hint of that in the French.
2 hrs
  -> your 'as' does actually mean taking into acount (incorporating) ANY changes made to the said Agreement, surely !
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
as possibly amended, modified or restated


Explanation:
Hello,

I prefer to translate "éventuellement" here (possibly). I read Rufinus's explanation, but I would have to think more about it to be sure. Why would the French use "éventuellement" if it were meant to be implicit? Even if "possibly" is implicit in the English, the French are being explicit with idea of "possibly amended". It's not as if one can't naturally say in English legalese: as possibly amended. I've seen it used several times in the past.
réitéré = restated (rephrased)

tel que = as (I'm not sure if there is any other option)

amendé, modifié (same in English, I'd say)

I hope this helps.

--------------------------------------------------
Note added at 11 hrs (2007-11-08 03:51:58 GMT)
--------------------------------------------------

There are indeed ghits for "as possibly amended". It's said for sure in formal documents.

Even though there are none for "as possibly amended, modified or restated" does not mean at all that it isn't said"

--------------------------------------------------
Note added at 11 hrs (2007-11-08 03:54:04 GMT)
--------------------------------------------------

http://www.asahq.org/Newsletters/1998/07_98/Washington_0798....

http://sec.edgar-online.com/2001/11/16/0000912057-01-540227/...

http://www.arb.ca.gov/board/mt/mt121301.txt

MatthewLaSon
Local time: 10:16
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 314
Notes to answerer
Asker: Thanks Matthew :))


Peer comments on this answer (and responses from the answerer)
disagree  Attorney DC Bar: "as possibly amended, modified" gets one google hit = your comment above. "as amended, modified" gets 444,000 google hits. Am glad to see though that you believe 'réitéré' means 'restated'-- wasn't sure it didn't just mean 'reaffirmed'.
4 hrs
  -> I don't agree with you, rufinus. Why don't you just check out "as possibly amended", which gets a little more than 1 google hit." You don't need any google hits to know that one can say, "as possibly amended, modified and restated".
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
as amended, modified or restated.


Explanation:
I included the 'modified' in the translation since you gave it in the complete version farther down. The English boilerplate often also includes "supplemented" but this doesn't appear in the French (the verb would be 'completer' if it did appear). The notion of 'eventuellement' is implicit in the 'as' in English-- no need to say 'be it' or 'as it may be' or such like. If it has been amended, modified or restated, then any reference in the Agreement to any other contract is a reference to such contract as amended, modified or restated. If it hasn't been amended, modified or restated, then any reference in the Agreement to any other contract is a reference to that contract, tout court.

--------------------------------------------------
Note added at 11 hrs (2007-11-08 03:46:46 GMT)
--------------------------------------------------

Responding to my disagreement with the suggested phrasing "incorporating any modifications, endorsements or amendments made to the said Agreement" which read: "Your 'as' does actually mean taking into acount (incorporating) ANY changes made to the said Agreement, surely !". The problem is twofold: If you insert your suggested rendering into the sentence, you get " s'entendra comme une reference a cet autre contrat, incorporating any modifications, endorsements or amendments made to the said Agreement" which doesn't make any sense, because the subject of that sentence is 'reference' and the 'reference' isn't incorporating anything. (Note that "agreement" should not be capitalized either-- it's not the "Acte", which would be capitalized, but rather any other contract or agreement that the text is referring to.) The second problem is that the contract to which reference is made does not 'incorporate' modifications or amendments-- rather, it is simply modified or amended. There is a stock phrase 'incorporating by reference' which may be what you were thinking of, but that phrase doesn't fit here. For example, you can say, in a different context "the letter is attached to this document as Exhibit A and incorporated by reference as if fully set out within this document." To use that mechanism here, you'd have to say something like, "any reference to any other agreement incorporates by reference any modifications or amendments to or restatements of that agreement" which would be a bit circular, and way more complicated than you need to be. "Any reference to another agreement is a reference to that agreement as amended, modified or restated" is all you need to say. (Note also that 'endorsements' doesn't fit-- this is not an insurance policy, or a check) :)

--------------------------------------------------
Note added at 12 hrs (2007-11-08 04:13:22 GMT)
--------------------------------------------------

Response to the following: "I don't agree with you, rufinus. Why don't you just check out "as possibly amended", which gets a little more than 1 google hit." You don't need any google hits to know that one can say, "as possibly amended, modified and restated".
Thanks Mathew. My point is this: It simply isn't necessary to add in "possibly", since that's implicit in "as amended, modified", and if you do add it in, you end up with a phrase that no one has ever used on the internet: "as possibly amended, modified..."-- a phrase that goes CLUNK! If you leave it out, you end up with a stock phrase that has been used 444,000 times on the internet in countless legal documents, and means the same thing as the French. Which is the better choice? (And yes, "as possibly amended" does get more than one google hit, as you say-- it gets 89--, but that's not the phrase we're asked to translate, which is "tel qu'eventuellement modifie, reitere ou amende", which translates as "as amended, modified or restated", a phrase that has been used in 11,200 documents appearing on the internet-- and hence passes the 'boilerplate test' with flying colors. Ask yourself this question: if it were necessary to include the word "possibly" in the phrase "as amended, modified or restated", why has it never been done? Every time a drafter has wanted to make sure that the reader understood that any reference to a contract that had been amended, modified or restated was a reference to that same contract as amended, modified or restated, and not a reference to the contract before it was amended, modified or restated, he has simply said 'as amended, modified or restated', and has never said 'as possibly amended, modified or restated'. Why do you think? Because it's simply not necessary to say "possibly', which adds unnecessary verbiage to a stock phrase that's been used for centuries.

Attorney DC Bar
Local time: 16:16
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 169
Grading comment
Thanks and thanks to all :)))
Notes to answerer
Asker: Thanks very much rufinus. I take your point re. 'eventuellement' already being implicit in 'as'.

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