Nov 25, 2005 09:10
18 yrs ago
Italian term

a che la società ... non concedano

Italian to English Law/Patents Law: Contract(s)
Lucky last one for this loan agreement between a bank and a company. This is a bit weird and I'm tired. The clause says:

La Società si obbliga per il periodo dell’accettazione della presente fino alla totale estinzione delle ragioni di credito tutte nei di lei confronti:
(a) ad inviare ...
(b) a notificare ...
(c) a fornire la documentazione ed ogni altra notizia o dato sulle proprie condizioni patrimoniali;

all of which is fine and dandy, but now the weird one

(d) a che la Società, salvo preventivo accordo scritto della Banca, non concedano garanzie reali sui propri beni per finanziamenti ed affi-damenti in genere concessi da banche o altri enti finanziatori.

Is this a non-sequitur or what am I missing? ANd what is "a che la società non concedano"?

Help help I'm stuck. THank you!

Discussion

maryrose (asker) Nov 25, 2005:
I wondered the same thing, or whether it should be "e che" because I just couldn't make sense of it as another of those points. It was this part rather than the meaning of the rest that was stressing me out.
marionclarion Nov 25, 2005:
could there be a word missing ? - could "a che" instead be for example "a meno che" ....

Proposed translations

+4
7 mins
Italian term (edited): a che la societ� ... non concedano
Selected

the company undertakes not to offer....

I think what it's saying is that the company undertakes not to offer its property as a guarantee for any loan it might take out.
Peer comment(s):

agree transparx : yes, it shoud be "conceda," i think. --also, "agrees not to grant" perhaps. at least, this is what i was going to suggest, which amounts to the same thing, basically
2 mins
agree Grace Anderson : or "undertakes to refrain from granting.."
4 mins
yes - that's a more elegant way of putting it!
agree Enza Longo : with Grace
2 hrs
agree Antonio Caselli : I agree, but I think that "garanzie reali" should be translated as "collateral", i.e. "The company undertakes not to pledge its property as collateral for any loan.... "A che" here does not mean anything; it should've been: "A non concedere..."
8 hrs
I must say you're all being very noble in agreeing with me rather than putting up your own suggestions!
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4 KudoZ points awarded for this answer. Comment: "Thanks so much to everyone for your contributions"
+1
20 mins
Italian term (edited): a che la societ� ... non concedano

is under an obligation ...not to create real charges

The repetition of "società" is superfluous.

"Guarantee" is not really used in relation to property rights in English, and so is not a particularly accurate rendition of "garanzia". A charge is a generic term for a burden on real property (e.g. "floating charge").

There could be a better term than "charge", but it doesn't come to mind just now. A charge consists in a legal burden on a piece of real property in guarantee of a personal right such as a debt. You could also refer to a "real right in security", though I don't think that is in widespread use in all common law jurisdictions.


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Note added at 26 mins (2005-11-25 09:37:15 GMT)
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Just saw the first comment: "undertakes ...not to create real charges" is better.

By the way "grant" is better than "offer". In the colloquial sense you can offer property in guarantee, but technically speaking you then create (or also grant) a charge over it.
Peer comment(s):

agree Romanian Translator (X)
3 days 4 hrs
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