Materiality in representations — how is it quantified (e.g., by a USD amount)?
Frequency/market practice: Fairly common; materiality qualifiers commonly seen and often quantified by reference to a euro amount.
How is knowledge qualified (e.g., specific people, actual/constructive knowledge)?
Frequency/market practice: Knowledge is often qualified (frequently by reference to a specific group).
Is a warranty that there is no materially misleading/omitted information common?
Frequency/market practice: Fairly common, subject to negotiation around the precise terms of the warranty.
Is disclosure of the data room common?
Frequency/market practice: It is very common to negotiate the disclosure of the data room and the effects of such disclosure on the seller's liability.