Finance Deals & Syndicated Lending · glossary

Double materiality

Two materiality tests on one statement: one inside the representation and one in the Event of Default. Clause 19.3 already catches only a statement untrue in a material respect, so lenders resist a second test that filters the risk twice. Clause 19.3 · Chapter 8

Explained in Chapter 8, Representations, of Finance Deals & Syndicated Lending.

How it comes up, in Chapter 8
Materiality. Words such as “in all material respects” stop trivial errors from tripping a statement. But clause 19.3 already catches only a statement that is untrue “in any material respect”, so a second test inside the statement filters the risk twice. Lenders call this double materiality and resist it, though Atlas did win it for the information statement in clause 15.7.
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