Repetition of representations and warranties
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Repetition of representations and warranties Start Comparison
Is it common to repeat warranties at closing?

Frequency/market practice: Common.

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

Frequency/market practice: Less common.

Is a bring-down certificate at closing common?

Frequency/market practice: Rarely; bring-down certificates are not very common.

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

Frequency/market practice: True and accurate in all material respects is the common standard, but there is often a carve-out for fundamental representations, which must be absolutely true and accurate.

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

Frequency/market practice: Rarely.