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: Common to repeat/bring-down warranties at completion.

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

Frequency/market practice: Rarely and not at all common, but buyers often have the right to terminate the agreement for a breach of a representation that would lead to a closing condition not being met.

Is a bring-down certificate at closing common?

Frequency/market practice: A bring-down certificate from the seller at completion is common and may be a condition of closing.

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

Frequency/market practice: Accurate "in all material respects" is most common and material adverse effect is less common but also a recognized standard. A combination of materiality standards is also common, where different representations are subject to different materiality qualifications.

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

Frequency/market practice: Not common.