News & Analysis as of

Material Adverse Change Clauses (MACs) Force Majeure Clause

BakerHostetler

FAQs: Ukraine-Russia Conflict: Force Majeure and Other Defenses to Contractual Performance

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The Russian military’s invasion of Ukraine, coupled with the considerable economic sanctions levied against Russia and certain Russian entities and individuals, has significantly impacted businesses worldwide. Recognizing the...more

Kilpatrick

The Impact of War on Commercial Contracts and the Global Supply Chain

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Thomas G. Allen, Kilpatrick Townsend Partner and Global Lead for International Disputes, discusses the Russian invasion of Ukraine creating a series of commercial contract issues and potential liabilities for companies doing...more

BCLP

Key trends in contractual negotiations

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The pandemic has put many contractual relationships under immense pressure. We explored in our last Business as (un)usual article some of the problems which contracting parties may have inadvertently created for themselves...more

Bennett Jones LLP

Fairstone Financial v Duo Bank – Ontario Court Interprets MAC Clause

Bennett Jones LLP on

In Fairstone Financial Holdings Inc v Duo Bank of Canada, Koehnen J. of the Ontario Superior Court of Justice (Commercial List) had the opportunity to further the limited jurisprudence on material adverse change/material...more

Kilpatrick

Monthly Minute | Due Diligence Considerations Related to COVID-19

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Once a month, we cover an interesting topic with a short video. This month, Associate Sarah Beth Barnes discusses due diligence considerations related to COVID-19....more

Williams Mullen

[Webinar] CLE Institute - What’s Keeping You Up at Night? Business Risks of COVID-19 - November 5th, 11:00 am - 12:30 pm ET

Williams Mullen on

Your company has navigated the first six months of COVID, but what is around the corner? In this program, our lawyers will provide some clarity around the various legal issues that are, or could be, affected as we move...more

Vinson & Elkins LLP

6 Things To Know About Handling Contract Disputes In The COVID-19 Era

Vinson & Elkins LLP on

Recently Victoria’s Secret captured headlines that had nothing to do with the retailer’s famous fashion show. Victoria Secret’s parent company, L Brands, and private equity firm Sycamore Partners (“Sycamore”) exchanged...more

Whitman Legal Solutions, LLC

Why the Coronavirus Pandemic Will Change Severability Clauses

Two years ago, in Severability Clauses: To Sever, Modify, or Invalidate?, I discussed how to review and negotiate severability clauses. My focus then was on customizing what many view as a boilerplate contract provision to...more

Hogan Lovells

The impact of the COVID-19 crisis and government measures in relation to the capacity of parties to perform their contractual...

Hogan Lovells on

In an unprecedented global crisis, the performance of contractual obligations has become very difficult, if not impossible, for many economic players who consequently are tempted to find a way to circumvent them. ...more

Vinson & Elkins LLP

[Webinar] Navigating Heightened Contractual Risk in an Economic Downturn - May 28th, 12:00 pm - 1:00 pm CT

Vinson & Elkins LLP on

We’re excited to introduce Navigating, a new webcast series created to assist clients and friends of the firm in navigating the new normal – whether that be navigating through pandemic-related issues, new industry dynamics,...more

Katten Muchin Rosenman LLP

Is the Coronavirus Pandemic a Material Adverse Event? It Depends.

As the human toll of the novel coronavirus continues to rise, individuals, businesses and governments face a Hobson's Choice between preserving lives and livelihoods. A pandemic-related economic downturn may eventually...more

Winstead PC

What a Business Should Know Before Triggering a MAC Clause Based on COVID-19

Winstead PC on

The COVID-19 pandemic has caused a sudden disruption to businesses and halted almost all forms of global commerce. Contractual parties, lenders and borrowers, and parties to Merger and acquisition agreements are now closely...more

BCLP

COVID-19 and Executing Contracts at Home, Force Majeure Considerations, and MAE Clauses in M&A Transactions

BCLP on

Now that many of us are working from home and social distancing, can we still close deals in the US with signed agreements? Are electronically signed contracts really enforceable? Fortunately, most contracts can be entered...more

Hogan Lovells

COVID-19: can parties be relieved from their contractual obligations - Force majeure, revision of contracts for unforeseen...

Hogan Lovells on

In an unprecedented global crisis, the performance of contractual obligations has become very difficult, if not impossible, for many economic players who consequently are tempted to find a way to circumvent them....more

White & Case LLP

South African M&A/Corporate and Commercial & COVID-19 - A selection of key legal and practical considerations amidst the COVID-19...

White & Case LLP on

The coronavirus (“COVID-19”) outbreak, declared by the World Health Organization as a global pandemic, is having far-reaching consequences for businesses. The outbreak has led the South African government to declare a...more

Bracewell LLP

Force Majeure and Material Adverse Change in Reserve Based Lending (RBL): When Two Black Swans Collide

Bracewell LLP on

A “black swan event” is an unpredictable event that is beyond what is normally expected and which has potentially severe consequences. Black swan events are characterised by their rareness and severity....more

Skadden, Arps, Slate, Meagher & Flom LLP

COVID-19 Entertainment Update: Guidance for Entertainment Companies

The global coronavirus (COVID-19) crisis continues to have a devastating impact across all segments of the entertainment industry. The cancellation or postponement of film and television productions, concerts, sporting...more

Whitman Legal Solutions, LLC

Coronavirus—Contract Material Adverse Change Provision

Unfortunately, most real estate purchase contracts weren’t up to the task of addressing circumstances as unexpected as a swiftly moving world pandemic. Although many contracts have force majeure clauses, few real estate...more

Foley & Lardner LLP

Implications for the Fashion, Apparel & Beauty Industries Due to the Coronavirus

Foley & Lardner LLP on

Like other industries, the fashion, apparel & beauty businesses have been, and continue to be hit hard by the COVID-19 pandemic. The $400 billion dollar American fashion industry employs over four million people, excluding...more

Perkins Coie

Contractual Considerations in the Wake of Coronavirus (COVID-19)

Perkins Coie on

In the wake of coronavirus (COVID-19), parties may (1) be in a contractual relationship with a counterparty that asserts it cannot perform or (2) find themselves unable to fulfill their own contractual obligations. Thus,...more

Vedder Price

COVID-19: M&A, Commercial Finance and General Contract Considerations

Vedder Price on

In the rapidly developing climate created by Coronavirus (COVID-19), there is evolving uncertainty on how the pandemic would be interpreted under M&A, finance and commercial agreements, and parties’ abilities to enforce or...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Commercial Loan Documentation: Effects of COVID-19

The fallout from the World Health Organization-declared global pandemic arising from the corona­virus disease (“COVID-19”) is currently having, and will certainly continue for some time to have, severe impacts on almost all...more

Foley & Lardner LLP

Managing the Commercial Impact of the Coronavirus: Implications for the Technology Industry

Foley & Lardner LLP on

The coronavirus (also known as COVID-19) has now been documented in more than 100 countries and territories. As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world,...more

Bilzin Sumberg

The Wrath of God and its Impact on Contracts - "Force Majeure"? and "MAC"? Clauses

Bilzin Sumberg on

If you want to make God laugh, tell him your plans, so the joke goes. But acts of God are often are no joking matter. Hurricanes, earthquakes, drought, floods, locusts and other natural disasters can wreak havoc on life and...more

Miles & Stockbridge P.C.

The Coronavirus (COVID-19) Outbreak and Key Commercial Contract Considerations

The COVID-19 (the “Coronavirus”) pandemic has the potential to cause business disruptions that may make the performance of a party’s obligations under a commercial contract difficult, unprofitable or impossible. Such...more

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