Global Private M&A Guide - Limited External Content

Poland

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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: Fairly common; repetition at completion is common.

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

Frequency/market practice: Rarely.

Is a bring-down certificate at closing common?

Frequency/market practice: Rarely; a bring-down certificate at completion is not very common.

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

Frequency/market practice: True (as understood by Polish law) is most common. Not misleading is also commonly accepted, whereas accurate and complete is quite heavily resisted by the sellers.

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

Frequency/market practice: Rarely.

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