Representations and warranties
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Representations and warranties Start Comparison
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.