Recitals incorporated

The "Recitals Incorporated" clause stipulates that the recitals, or preliminary statements, in a contract are included as integral parts of the agreement and can be used to interpret the intentions and context of the contract. This ensures that the background information and purposes outlined in the recitals hold legal significance and can influence how the contract is executed and understood.

10 Recitals incorporated examples

  • Description
    Recitals Incorporated; Definitions. The foregoing recitals are true and correct and by this reference are incorporated herein. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement.
    Document
    WELLS FARGO FUNDS TRUST
  • Description
    Recitals Incorporated. The Recitals set forth above are hereby ratified by Landlord and Tenant and are by this reference incorporated into this Amendment.
    Document
    Squarex Pharmaceutical Corp
  • Description
    NOW, THEREFORE, in consideration of the above recitals incorporated herein and the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the parties agree as follows:
    Document
    CTI BIOPHARMA CORP
  • Description
    Recitals Incorporated. The recitals of this Amendment and Rescission Agreement are incorporated herein and made a part hereof.
    Document
    SMG Industries Inc.
  • Description
    Recitals Incorporated; Definitions. The foregoing recitals are true and correct and by this reference are incorporated herein. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement.
    Document
    PIMCO FUNDS
  • Description
    Recitals Incorporated Herein. The preamble and the recitals to this Agreement are hereby incorporated herein by this reference.
    Document
    STURM RUGER & CO INC (RGR)
  • Description
    Recitals Incorporated; Certain Defined Terms.  The recitals set forth above are incorporated herein by this reference and shall be deemed terms and provisions hereof with the same force and effect as if fully set forth in this Section 1.  Capitalized terms that are not otherwise defined herein shall be deemed to have the same meanings herein as are ascribed to such terms in the Employment Agreement.
    Document
    Howard Bancorp Inc
  • Description
    Recitals Incorporated.  The Recitals set forth above are incorporated herein by this reference and shall be deemed terms and provisions hereof with the same force and effect as if fully set forth in this Section.
    Document
    CoreSite Realty Corp
  • Description
    Recitals Incorporated Into Agreement Each of the Company, Seneca and GSRX hereto acknowledge and agree that the foregoing Recitals are accurate and form part of this Agreement.
    Document
    GSRX INDUSTRIES INC.
  • Description
    Recitals Incorporated Herein. The preamble and the recitals to this Amendment are hereby incorporated herein by this reference.
    Document
    Installed Building Products, Inc. (IBP)

What is Recitals Incorporated?

“Recitals incorporated” refers to a clause within a legal contract where the preamble or recitals section is expressly made part of the contractual obligations. The recitals section typically provides background information, context, or the purpose of the agreement without being legally binding by default. By incorporating the recitals, parties ensure that the intentions and understandings outlined in this section have contractual effect.

When should I use Recitals Incorporated?

Incorporating recitals is useful when the parties to a contract want to ensure that the context, purposes, or preconditions described in the recitals are legally enforceable. This is particularly important when these recitals are crucial for interpreting the contract or ensuring clarity about the intentions and objectives of the parties. Use this provision to reinforce the significance of the background information and avoid disputes over its relevance.

How do I write Recitals Incorporated?

To write an effective “recitals incorporated” clause, you can include a specific statement within the contract that explicitly states that the recitals are part of the contractual obligations. Here is a typical example:

“The Recitals set forth above are incorporated herein by reference and made a part of this Agreement as if fully set forth herein.”

This statement should be clear and unambiguous to establish the parties’ intent to incorporate the recitals into the contract.

Which contracts typically contain Recitals Incorporated?

Contracts that frequently include a “recitals incorporated” clause are those where the background and context are particularly important for interpretation, assurance, and enforceability. These include:

  • Mergers and Acquisitions Agreements: Where understanding the purpose and background of the transaction is critical.
  • Partnership Agreements: To ensure clarity about the goals and intentions of the partnership.
  • Joint Venture Agreements: Where the preconditions and objectives outlined in the recitals directly affect the parties’ obligations.
  • Loan and Financing Agreements: Especially when the purpose of the loan is significant for determining how it should be used.

Incorporating the recitals can strengthen the enforceability and clarity of these agreements, reducing potential disputes related to the non-binding nature of standard recital sections.

Analyze your contracts.
Extract important clauses.

<

Try our AI contract analysis and extract important clauses and information from existing contracts.

< <
fynk app clause extraction screenshot

More Clauses from the Library

Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.

Recitals

Recitals, often found at the beginning of a contract, provide a background or context for the agreement, outlining the reasons and purpose behind its formation. These introductory statements help clarify the intent of the parties involved but are not typically enforceable provisions within the contract itself.

9 example clauses

Redemption rights

Redemption rights are provisions that allow shareholders or investors to require a company to repurchase their shares under certain conditions, often at a predetermined price. These rights are typically found in financing agreements or shareholder agreements and provide an exit strategy for investors while offering a measure of protection against unforeseen circumstances.

11 example clauses

Redemption

The redemption clause in a contract specifies the terms and conditions under which one party can reclaim or repurchase assets or securities, often at a predetermined price or within a specific timeframe. This clause is commonly found in financial agreements and bonds, providing structured guidelines for exiting or altering investments.

20 example clauses