A concise & understandable article exploring how the MAC clause may/may not be used.
http://dealbook.blogs.nytimes.com/2010/09/03/mariner-and-the-mac-qu...
"In this case the fire does not appear to rise to the level of a MAC. First, the acquisition agreement is governed by Delaware law. A MAC under Delaware law must be a long-term and durational event. Delaware courts have consistently interpreted this clause strictly. Indeed, Delaware courts have never found a MAC."
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Posted by Char on May 29, 2025 at 14:42 — 4 Comments
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