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A Pandemic Exception to the Material Adverse Event Clause
A material adverse event clause in a contract addresses the possibility of the occurrence of an unexpected change in circumstances (sometimes termed an “act of God”) that could significantly reduce the value of a company or cause a decline in business conditions.
According to the New York Times, on February 20 Sycamore Partners signed a $525 million contract (with an anticipated closing date of May 2) to purchase a majority of Victoria’s Secret from L Brands. In the acquisition agreement, the L Brands’ lawyers carved out a pandemic exception to the acts of God that would permit Sycamore Partners to invoke the material adverse event clause and terminate. When the deal was announced, L Brands shares were trading at above $23 a share. As of April 29, they are trading at $12.78 a share.
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A COVID-19 Retail Desert
On March 13, the White House announced a public-private partnership with Walgreens, Walmart, Target, and CVS (and later Rite Aid and Kroger) to provide a portion of their parking lots across the nation for free drive-through COVID-19 testing. In part because of retail location patterns, there appears to be a shortage of testing centers in minority neighborhoods.
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CARES Act Fixes the “Retail Glitch”
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Brick-and-mortar Market Contraction Likely to Accelerate Post-COVID-19
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J.C. Penney Company, Inc. Seeking DIP Financing
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America’s Current Flat Tax Reality
According to research by Emmanuel Saez and Gabriel Zucman, taking into account all taxes paid (including consumption taxes, payroll tax and residential property taxes), every income group in the United States contributes between 25 percent and 30 percent of its income to taxes with the only exception being the top 400 income earners (the billionaires), who pay a tax rate of 23 percent.
Increase in Searches for Moving to NYC Suburbs
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New York Retail Market: Q1–2020
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Reopening the Economy: The Relative Dangers and Benefits of Locations By Category
A recent study by Seth Benzell, Avinash Collis, and Christos Nicolaides analyzes the COVID-19 transmission risk and social benefits of thirty categories of locations in the U.S., from parks, to museums, to grocery stores. By combining several measures of the importance and danger of these categories and juxtaposing the danger and importance of these locations, the study yields a ranking of what should be opened earlier versus later in the economic restart process.
The researchers observed a 24.9 percent decline in the total number of visits between February and March 2020 to all the places of interest included in the analysis. They also found that from February to March, there were larger declines in visits to the locations that the study’s measures imply should be closed first.
