Frequency/market practice: Very common, but not from private equity sellers.

Frequency/market practice: The blue pencil doctrine/method is fairly common (particularly in agreements governed by English law). Commonly agreements will include an express provision to this effect and is commonly applied on restrictive covenants (e.g., non-compete provisions).

Frequency/market practice: Very common, usually in conjunction with non-compete.

Frequency/market practice: Very common, usually in conjunction with non-compete.

Frequency/market practice: Very common. The purchase agreement will typically contain a list of pre-closing covenants requiring the consent of the buyer prior to certain actions being undertaken (e.g., amendments to the share capital, acquiring or disposing of a material asset, incurring material opex/capex, the entry into, amendment or termination of a material contract, declaration or payment of any dividends, the commencement/settlement of material litigation and/or the amendment of the terms of key employee compensation etc.).

Frequency/market practice: Very common for private deals.

Frequency/market practice: The obligation on the seller to notify the buyer of a breach of warranty between signing and closing is very common. It is very common for the seller to be able to provide an updated disclosure letter disclosing matters or events that have occurred between signing and closing that would constitute a breach of warranty given at closing. Typically, the buyer will have a right to terminate in the event of material breach, or proceed to closing and seek damages.