The law does not support the general conclusion that a retroactive date in a contract is enforceable only if the evidence proves that the parties agreed to the essential terms of the contract at the time of the retroactive date. However, where a contract is ambiguous as to its entry into force, the absence of a retroactive date declaration and evidence that the parties did not accept the essential terms of the contract on the alleged retroactive effective date are relevant considerations for resolving the ambiguity. We cannot therefore conclude that the court relied on these facts to resolve the inconsistency between the FDIC/Weatherford agreement and the termination of the participation agreements, in order to find “a lack of mutual consent” regarding the entry into force of November 7, 2008. We necessarily conclude that the FDIC/FH Loan Sale Documents clearly considered that the FDIC was far less than perfect and even non-existent for FH partners. In light of the above, there is no evidence that the FDIC was allowed to unilaterally heal title errors months after the closure. We cannot conclude that the retroactive entry into force of the FDIC/Weatherford agreement automatically altered the rights and interests of FDIC and FH partners retroactively in connection with the FDIC/FH loan sales documents. The FDIC/Weatherford agreement, even though it was able to acquire FDIC`s Loan A ownership as of November 7, 2008, was not effective in conferring ownership of Loan A to FH Partners, retroactive to December 16, 2008. Ultimately, retroactive your confidentiality and confidentiality agreements is not an easy task and should not be taken lightly. They are a complex network of legalities and language that can go very, very wrong in the blink of an eye. Now you are ready to go ahead with one of the investors, and you are wondering if you should get the agreement signed. This is a complex issue that has not received a complete answer, but for the purposes of our subject, it would be a reasonable period of time to design an agreement with a retroactive date, to include disclosures that took place prior to the completion of the investment.