Repetition of representations and warranties

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Is it common to repeat warranties at closing?

Frequency/market practice: Very common by way of a bring-down certificate.

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

Frequency/market practice: It is not common to repeat warranties "at all times" between signing and closing. Usually, variations of warranties between signing and closing are regulated through covenants of conduct of business between signing and closing, which are confirmed by way of a bring-down certificate at closing.

Is a bring-down certificate at closing common?

Frequency/market practice: Very common.

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

Frequency/market practice: True and accurate in all material respects.

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.

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