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: Repeating or "bringing-down" representations at closing is very common..

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

Frequency/market practice: Representations and warranties are almost never repeated at all times between signing and closing.

Is a bring-down certificate at closing common?

Frequency/market practice: Bring-down certificates at closing are common.

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

Frequency/market practice: Both the accurate 'in all material respects' standard and the Material Adverse Effect standard are common. There are often carve-outs for fundamental representations which must be true 'in all 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.