Glossary entry

Spanish term or phrase:

resarciéndose del importe

English translation:

receiving compensation in the amount

Added to glossary by Joshua Parker
Jun 28, 2019 18:21
5 yrs ago
Spanish term

resarciéndose del importe

Spanish to English Law/Patents Law: Contract(s) Joint venture agreement - Spain
From a joint venture agreement from Spain, into U.S. English.

La participación de XXX (company) consistirá en ceder a la sociedad a constituir la opción de compra que tiene sobre el XX% de la parcela "B" y la totalidad de la "C", a que repetidamente también se hace mención en este contrato, **resarciéndose del importe entregado por la opción de compra y de cualquier gasto que hubiera podido incurrir por esta causa**.

Would this just be something like "accepting the amount paid (...) and any expense incurred (in doing so)"? Any ideas on how to phrase this?

Discussion

Adrian MM. Jun 29, 2019:
cession as a disposal obiter, ceder could mean assign as well as dispose of the option to buy to..., the latter esp. relevant in fiscal terms if 'resarciéndose...' triggers a latent tax liability for both the option value and the expense 'recouped'.
Joshua Parker (asker) Jun 28, 2019:
Yes, here it means involvement/participation (although elsewhere in the document it's being used to mean share/ownership interest). I fell into that trap initially too...
Robert Carter Jun 28, 2019:
Ah, right, so "participación" here at the beginning doesn't mean "share", it means "involvement". I think I have it now, I'll post a suggestion.
Joshua Parker (asker) Jun 28, 2019:
I see. My understanding is that this company is "cediendo" - assigning or selling, effectively - the purchase option to the new company (sociedad a contribuir) and that's all that it's getting out of the deal. It has no stake in the new company's profits, unlike the other two companies in the project, which receive a 50% share each.
(This section of the document details each company's involvement, in one subsection for each company, and the paragraph I posted is the only paragraph for this particular company.)
It's the fact that resarcirse is being used both with "importe entregado" and "cualquier gasto" that's throwing me. I think! This project is really making my head spin...
Robert Carter Jun 28, 2019:
Hi Joshua, I think a little more context is needed here because it appears to mean that the company will receive compensation/consideration for the "importe entregado por la opción de compra, etc.", but then that in itself doesn't make much sense to me if the purchase option is supposed to be its contribution to the joint venture.

Proposed translations

+1
2 hrs
Selected

receiving compensation in the amount

So, following on from the discussion, it appears to mean that company XXX is assigning (selling) its purchase option to the company, so this means it will receive compensation or consideration for the purchase option and any outlay it has to make as a result of that assignment (sale).

So, literally,
"receiving compensation in the amount paid for the purchase option..."

But perhaps it would be clearer to say,
"Its consideration for this assignment shall be the amount paid for the purchase option and any other expense it has to make on this account."
Peer comment(s):

agree JohnMcDove
1 hr
Gracias, John.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "This is what I went for in the end (and you were first), although all the suggestions were valid, I believe, and of help. Thank you."
+3
2 hrs
Spanish term (edited): resarcirse del importe .... y de cualquier gasto

be indemnified for the amount ... and for any expense

Pending Robert C's posting, I think indemnified fits quite well here, the meaning changing slightly from recovering the value of the option paid or *tendered* for the option to buy ('call option') in the first case and cover for the amount of expenditure in the second.

NB It's a good idea to search the glossaries for the infinitive form SPA/ENG.

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Note added at 2 hrs (2019-06-28 20:28:42 GMT)
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Before anyone enters a neutral or even a disagree for a defective weblink, rarher than for the answer:

www.proz.com/kudoz/spanish-to-english/law-contracts/4236880...
Peer comment(s):

agree Robert Carter : Yes, I worded it slightly differently, but both capture the idea I think. ¡Saludos!
2 mins
Thanks and gracias!
agree JohnMcDove
1 hr
Gracias and thanks!
agree AllegroTrans
18 hrs
Thanks - fits like a glove for both terms but whether is right is another matter...
Something went wrong...
+2
2 hrs

thus recovering the amount

Company XXX sells the purchase option to the new company and thus recovers the money it paid for the option plus any expenses incurred
Peer comment(s):

agree JohnMcDove
21 mins
agree patinba : I would not include "thus" as recovery could be separate from the ceding (not sale)
43 mins
Something went wrong...
+1
3 hrs

being reimbursed for the amount


https://www.lexico.com/es-en/traducir/resarcir

**resarciéndose del importe entregado por la opción de compra y de cualquier gasto que hubiera podido incurrir por esta causa**.

** being reimbursed for the amount (already) delivered for the purchase options and any other expenses it could (potentially) have incurred / sustained due to that reason**

https://dictionary.cambridge.org/us/dictionary/english/incur

N.B.: The "hubiera podido incurrir" is a subjunctive, which seems to try to make sure they cover their behinds, at any rate, or in any possible eventuality.

Saludos cordiales.
Peer comment(s):

agree patinba : This works too.
26 mins
Thank you very much, Patinba. :-) ¡Buen finde!
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