1) This is legal language and in legal language, there is such a thing known as a "whereas clause". It just means "given that":
Legal language has its own pitfalls. I suggest you read this article:
LESSON TO LEARN: In legal agreements, language that appears in the beginning, which merely “sets the stage” or “describes the background” of the transaction, is not considered an operative or integral part of the agreement. Whether or not the word “Whereas” is used, this language is commonly referred to as “Whereas Clauses,” “recitals” or “decretal language.” The word “decretal” comes from the words “decree,” that is, a “pronouncement without binding effect.”
“Whereas” means literally “given the fact that,” and seems to be the way so many lawyers think it is best to begin a contract. The “Whereas Clauses,” even if they don’t use the word “whereas,” is generally viewed to be an introduction or preamble to a contract, and not a part of the contract’s operative provisions.
2) "Now, therefore" is a set legal phrase and it comes at the end of a series of whereas clauses or the recitals to state a conclusion regarding the whereas clauses.
From the same article:
Whereas, Mario and Sheldon are both experienced in the construction business, and
Whereas, Mario and Sheldon would like to join their efforts together, and
Whereas, Mario and Sheldon would like to become partners,
Now, therefore, to accomplish that, Mario and Sheldon enter into this agreement . . .
3) The word whereas is often written in all caps in these clauses: WHEREAS and so is NOW, THEREFORE. And that's that about this. Whereas clauses are also known as recitals or decretal language.
4) In my own words, this is all just: given A, B and C, a lawyer or law firm concludes D from it. These legal style issues should be understood within the existing tradition and usage of legal English and taken at face value. But whereas just means: given that.
whereas clauses
Best Answer
Flater is correct. The best (clearest and least ambiguous) option is
Here are some thoughts on these:
The repeated article "a" indicates that these are separate items and, because new is located between note and its article, it would be assumed that new applies only to that item. (By eliminating the second article before pen, then the first a, as well as the adjective that follows it, applies to both items in the list.
This is grammatically correct and completely unambiguous. It is also a little unwieldy.
Again, grammatically correct, but is not what a native speaker would say. When we say "a new pen", it's sort of a shorthand for "a pen which is new". Fluent English speakers understand that adjectives work that way so they wouldn't bother with the longer, more formal sounding structure.