"elate" as a noun

Michael Zwingli

Senior Member
English - American (U.S. - New England)
I have encountered the following unusual seemingly nominal use of the word"elate": "...an indebtedness of Borrower to Lender evidenced by that certain Taxable Revenue Bond (the "Bond"), dated this elate, executed by Borrower in favor of Lender..." I can find nothing on this, even in Black's Law Dictionary or the O.E.D. Might it represent a reference to something "at the top (which has been raised to the top) of a page"? This is very strange word usage, even by the standards of "obscure legalese". If anyone can find anything shedding some light on this, please offer...
 
  • Michael Zwingli

    Senior Member
    English - American (U.S. - New England)
    I find myself wondering if it is a typographic error, and was meant to say: "...dated this date..."
     

    DonnyB

    Sixties Mod
    English UK Southern Standard English
    I find myself wondering if it is a typographic error, and was meant to say: "...dated this date..."
    That would be my guess: it would make a lot more sense. :thumbsup:

    Where is the sentence from, please? Very often, when original documents are scanned, the scanning software 'mis-reads' certain character combinations, especially if the original wasn't very clear. A 'd' could easily be mis-interpreted, or indeed even simply mis-printed in the original, as 'el'.
     

    Ponyprof

    Senior Member
    Canadian English
    This is exactly the kind of error that gets into scanned documents. Any irregularities in the original document and the d separates into e l . I imagine they have a word check running so you didn't get the nonsense word clates!

    I expect these type of errors in print documents scanned to html.
     
    Last edited:

    Michael Zwingli

    Senior Member
    English - American (U.S. - New England)
    Ah, yes! I did not even think of a scanning error... Since this comes originally from a legal document, specifically a security deed, it has certainly been subjected to scanning in order to be loaded onto the web, so a scanning error certainly makes sense. I was wondering how someone could not have noticed that they made what would amount to such a grievous typing error; I could understand missing it if it came out "eate" instead of "date", but definitely not "elate". A scanning error solves that conundrum, though.

    For london calling, this comes from a "DEED TO SECURE DEBT AND SECURITY AGREEMENT", which can be found here: Exhbiit 4.20 Deed to Secure Debt .

    I read through this document to help myself with a personal loan agreement which I am drafting (involving, I should add, a mere scruple of the amount of money that was loaned in the case of this document).
    The full sentence within which this appears is:

    This Security Deed is made and intended to secure payment and performance of the following: (i) an indebtedness of Borrower to Lender evidenced by that certain Taxable Revenue Bond (Masland Carpets, LLC Real Estate Project), Series 2012A (the "Bond"), dated this elate, executed by Borrower in favor of Lender, in the original principal amount of FIVE MILLION THREE HUNDRED THIRTY NINE THOUSAND TWO HUNDRED SEVENTEEN DOLLARS AND THREE CENTS ($5,339,217.03), bearing interest and being due and payable as therein provided, with a final payment being due thereunder on November 1, 2017, if not sooner paid; (ii) all obligations, liabilities, and indebtedness of Borrower to Lender arising under or evidenced by that certain Loan Agreement, dated this date (the "Loan Agreement"), between Lender and Borrower; (iii)..."

    Note that the second instance of the word "date" scanned in correctly here...

    Thanks, all, for clearing that up for me. Nice having smart freinds!
     
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