Global Private M&A Guide - Limited External Content

Australia

Select a topic
Start Comparison
Repetition of representations and warranties
Jump to
Repetition of representations and warranties Start Comparison
Is it common to repeat warranties at closing?

Frequency/market practice: Very common; repetition of warranties at completion is market standard in Australia.

Is it common to repeat warranties at all times between signing and closing?

Frequency/market practice: Not very common, but may be negotiated in buyer-friendly agreements.

Is a bring-down certificate at closing common?

Frequency/market practice: Rarely.

What is the applicable repetition standard, e.g., true in all material respects or Material Adverse Effect?

Frequency/market practice: True and accurate and (if acting for buyer) not materially misleading (including by omission).

Is double materiality common (a materiality qualification in bring-down at closing and in representation(s))?

Frequency/market practice: Rarely; double materiality is usually avoided.

{{ $store.state.loadingScreen.message }} ...