RE: IF9 Oct 2021 17:39
Company Material Adverse Effect is normally a break clause in any contract. However in the Cineworld / Cineplex Arrangement Agreement instance it cannot be used by either as there is a specific exclusion listed.
From The Arrangement Agreement.
“Company Material Adverse Effect” means any change, event, occurrence, effect or
circumstance that, individually or in the aggregate, with other such changes, events,
occurrences, effects or circumstances, is or would reasonably be expected to have a
material and adverse effect on the business, affairs, operations, assets, liabilities, financial
condition or results of operations of the Company and its Subsidiaries taken as a whole,
EXCEPT ANY SUCH CHANGE, EVENT, OCCURRENCE, EFFECT OR CIRCUMSTANCE ARISING OUT OF, RELATING TO, RESULTING FROM OR ATTRIBUTABLE TO:
(e) any earthquake, flood or other natural disaster OR OUTBREAKS OF ILLNESS or
other acts of God;
Always dyor and to form any sort of objective judgement you would probably need to have been watching this from the start.
Closing remarks look likely at the start of November and then the judge retires to consider everything and deliver a written verdict. Like I've said previously I will be surprised if that is not December. Here's all 243 pages of the AB Stable ruling for you to gauge how long you think it will take to write a detailed judgement like this.
https://courts.delaware.gov/Opinions/Download.aspx?id=313600