Professional Documents
Culture Documents
Question 1
E. Termination of An Agreement.
- There have been many commentaries which related to Force Majeure and
Material Adverse Change clauses circulating since COVID19 occurred. From equity
offering perspective, the underwriters and issuer enter into an underwriting agreement
for the sale of securities and a Force Majeure clause, or a Material Adverse Change
clause is often included under the termination provisions. Then, since pandemic
COVID19 occurred, the signatories to the agreement must be alert. This is because it
will lead to unfair in signing for any agreement where the underwriters have a
potential termination right as it is already triggered by COVID19. One of the solutions
for the problem occurred is to determine with clause which only be triggered if the
MCO is to prolong because it was something that cannot be predicted.