Exhibits Flashcards
How to describe an exhibit signed on X date, where the agreement states it is “signed and effective” on Y date?
If the individual and the company both signed on X, then it would normally be fine to say that the agreements are “dated [X]” in the exhibit list. Here, however, given that the agreements themselves say that they were entered into and effective on Y, I would just tweak the exhibit list to say “[Agreement Name], effective as of Y, between…”
What is the new confidential info. standard for redaction, when is it effective?
FYI – The new confidential information standard will be effective March 15. Accelerated or non-accelerated filers filing their 10-K on or after that date should be able to rely on the new standard for redaction of confidential information from exhibits, which removes the “’competitive harm” requirement and replaces it with a standard that permits information to be redacted from material contracts if it is “the type of information that the issuer both customarily and actually treats as private and confidential, and which is also not material.”
