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ARTICLE · 24 APRIL 2020

Covid-19: A Force Majeure Event?

Khaitan & Co.
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Covid-19 and the resulting lockdowns across countries have caused a lot of confusion and there is a lack of clarity on the impact of this unprecedented event on commerce and business.

IndiaCoronavirus (COVID-19)

Covid-19 and the resulting lockdowns across countries have caused a lot of confusion and there is a lack of clarity on the impact of this unprecedented event on commerce and business.

The impact may span across contractual obligations, capital market transactions (IPOs, rights issue, etc), listed company transactions (such as takeover open offers, preferential issues, buy back of shares, etc), private equity exits, regulatory compliances, real estate transactions, employment matters, etc.

From a corporate transactional perspective, force majeure could be in the form of a "material adverse effect" or a "material adverse change".

In this article, we have attempted to anticipate the major issues and considerations around Covid-19 as a "force majeure event" from the perspective of contractual obligations.

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