How The LexDye Definition Tracker Works
After loading your draft agreement (in this case, an Agreement and Plan of Merger) into the LexDye Definition Tracker, the LexDye Definition Tracker showed right away . . .
. . . that the merger agreement contains terms that are defined but not used:
One of these unused defined terms is "Outside Date," which defines the outside date after which either party can terminate the merger agreement if the closing has not occurred by then.
LexDye also found undefined uppercase terms in the Merger Agreement:
One of these terms is "Termination Date," which is used twice in the Agreement.
The drafters of this merger agreement may have intended to use the defined term "Outside Date" but the undefined term "Termination Date" is used instead in this merger agreement. With the LexDye Definition Tracker this drafting issue would have been detected, flagged and corrected by the drafters right away during the drafting process.