Return of the MAC? Coronavirus could be the new negotiating leverage in deals [MarketWatch]
Tyson Foods, Inc. (TSN)
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Source: MarketWatch
Return of the MAC? Coronavirus could be the new negotiating leverage in deals The coronavirus could prompt private equity funds and companies to look for a way out of deals and financing agreements. Spooked by the rapid spread of the deadly virus, companies and buyout groups worldwide are quietly starting to ask their lawyers whether they can invoke so-called material adverse change (MAC) clauses and walk away from deals. MAC clauses allow a buyer or seller to back out of a deal in the event of a material change in the business, operations or financial conditions of a company. “A small number of clients have asked us to do this already and we anticipate that more clients may consider requesting us to review documents and evaluate their situation,” said Liang Xu, a partner at law firm Hogan Lovells in Beijing. Xu added that the firm had received such approaches from clients during the outbreak of Sars, a similar respiratory virus, in 2003. “During the Sars outbreak in 2003, we did some
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