Conditions precedent
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Conditions precedent Start Comparison
Express Material Adverse Event (MAE) closing condition?

Frequency/market practice: Rarely.

Is the MAE general or specific?

Frequency/market practice: Both seen pre-COVID-19. It is anticipated that it will become increasingly common to exclude COVID-19, epidemics and pandemics from the definition of MAE, or to specify that, for these events to give rise to an MAE their impact on the applicable party must be disproportionate by comparison with others.

Is the MAE quantified?

Frequency/market practice: Increasingly seen.