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: Materiality qualifiers are commonly seen although not usually quantified (except by certain sophisticated sellers).

How is knowledge qualified (e.g., specific people, actual/constructive knowledge)?

Frequency/market practice: All alternatives can be seen, although they are usually limited to actual knowledge and due enquiry of a specified list of senior management.

Is a warranty that there is no materially misleading/omitted information common?

Frequency/market practice: This is fairly common, but sophisticated sellers try to avoid it.

Is disclosure of the data room common?

Frequency/market practice: Fairly common; this is generally resisted, except in auctions.