You should base your analysis on a careful reading of the relevant clauses of th

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You should base your analysis on a careful reading of the relevant clauses of the agreement, the facts set forth in the readings, and the legal considerations discussed in the lecture and slides portion of the class. Please be sure to provide a one-paragraph executive summary, your analysis of the applicable facts, and their application based on law and the text of the contract. As noted in the syllabus, it will be helpful to review Section 5.1(h) and Article VII of the Linde/Praxair agreement (please see attached the “combination agreement” for the section 5.1h and artcle vii). For format and style, I prefer memo style with an executive summary in paragraph form with complete sentences. Citations can be in any form as long as they are consistent and clear. 1000 words or less. For font and spacing, I don’t have a preference.
Here are the questions to answer:
After signing the combination agreement, Linde experiences a 5%
decline in revenues and 40% decline in earnings in the next
quarter. As a result of a global epidemic, world-wide demand for
specialty gases is significantly down.
a. Should Praxair be able to terminate the agreement
without breach?
b. Three quarters later, the effects of the epidemic continue
to be felt. Linde’s revenues are off 15% quarter to quarter,
and earning have fallen 90% to just above breakeven.
Linde indicates it does not know when an improvement
may occur.
c. Should Praxair be able to terminate the agreement
without breach? If Linde and Praxair have both
experienced a downturn? If Praxair’s downturn is
significantly worse than its peers?

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