Frequency/market practice: Fairly common; materiality qualifiers are commonly seen but are often not quantified (other than specific warranties, e.g., contract value).

Frequency/market practice: The seller’s knowledge is often limited to the actual knowledge of the seller and/or the actual knowledge or due enquiry of a specified list of senior management/deal team.

Frequency/market practice: Rarely; sellers typically reject such warranties with an argument that under German law sellers are already subject to broad disclosure duties.

Frequency/market practice: Very common; typically, the data room is saved on data carriers (e.g., USB stick), which are kept at the acting notary and/or the parties. Typically, parties agree on a fair disclosure concept.