Frequency/market practice: This depends on deal size. The buyer may ask for 100% but it is almost always negotiated down. The cap ranges from 10% to 100% of purchase price.
Frequency/market practice: Fundamental warranties are often excepted (e.g., title, capitalization, authority). Tax and specific areas of concern are also often excepted, sometimes with specific higher caps. Separate caps can be negotiated.
Frequency/market practice: Fairly common; they are becoming more accepted in the market. Whether or not there is a deductible is very much decided on a case-by-case basis.
Frequency/market practice: This is decided on a case-by-case basis in the range of anywhere between six and 24 months. If a tax indemnity is included, tax matters usually survive until a short period after the Statute of Limitations, i.e., the period in which tax authorities can audit the target.
Frequency/market practice: Common carve-outs include fraud and certain fundamental representations and warranties (e.g., authority, capitalization, due organization and title). Other specific areas that are commonly excluded include tax and the environment.