Frequency/market practice: Fairly common; however, this is not a formal repetition, but instead a buyer will typically request that the representations and warranties be given as of signing and closing; it is standard for this to apply to fundamental warranties (e.g., title, capacity). With regard to operational warranties, it is more difficult to get a seller to also give the representations and warranties as of closing, in particular regarding representations and warranties that are outside the seller's control (e.g., no litigation, product liability cases, etc.). In cases of representations and warranties being insured by W&I insurance, it is, for the purposes of the W&I insurance, common to provide for a formal process regarding the bring-down of representations and warranties as of closing.
Frequency/market practice: As stated above, the representations and warranties are typically given as of signing and — at least partially — as of closing. Insofar, there is a formal repetition.
Frequency/market practice: Rarely; Bring-down certificates are typically required in case of a W&I insurance, if and to the extent representations and warranties are given as of the closing date.