Repetition of representations and warranties | United Arab Emirates | Global Private M&A Guide - Limited External Content

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: Very common. The scope of the warranties that are repeated at closing (i.e., all or a sub-set) will depend on the strength of the respective parties' bargaining position.

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

Frequency/market practice: No

Is a bring-down certificate at closing common?

Frequency/market practice: The use of ‘bring-down’ certificates is rare.

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

Frequency/market practice: True and accurate is common for business warranties (with certain warranties qualified by materiality). Fundamental warranties must be absolutely true and accurate.

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

Frequency/market practice: Rarely. Double materiality is usually avoided.

Global Private M&A Guide - Limited External Content

United Arab Emirates

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