The COVID-19 pandemic continues to cause unprecedented disruption for businesses across all regions and industries, with contractual performance significantly challenged in many instances. This has resulted, in some cases, in parties looking for justifications or defenses to break their commitment under their agreements, relying on notions such as material adverse effect, force majeure, frustration of purpose, and impracticability/impossibility. In addition, some parties also are considering the doctrine of “efficient breach” in order to determine how best to evaluate continuing performance under a contract that may now prove unprofitable.