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Comment by bunderbunder

13 hours ago

Borrowing money is not the only way to go into debt. They reportedly made binding and non-cancelable commitments. Once those commitments come due then they will be indebted to their counterparties until they pay up or the courts sort it out.

This is comparable to how, if I sign a 12 month non-cancelable lease and then don’t pay the rent, I will be in debt to my landlord.

That's effectively borrowing money with a different name though. The only way to go into debt is to sign an agreement to pay someone money in the future, regardless of the terms used to describe it.

No, it's really not. Do you have a war chest to drag out a legal battle and the ability to bankrupt your landlord by withholding payment? The rules are different at this scale, and "you can't enforce a contract if the attempt will bankrupt you" is only one of the possible games.

Here's another one: pay a supplier to cripple their deployment. Suddenly it's the neocloud's fault for failing to deliver, not your fault for failing to pay.

Did we all forget how Sam Altman turned a non-profit into a for-profit? Do we think he'll bring less sociopathy to this battle?

  • Does it matter if they "win" or "lose" legally ? They still don't have money to pay, so someone (probably people that gave them their debt in the first place, and their investors) will end holding the bag.

  • > Do you have a war chest to drag out a legal battle and the ability to bankrupt your landlord

    Their war chest is not sufficiently larger than the hyperscalers, Broadcom or PE financiers like BlackRock.

    > The rules are different at this scale, and "you can't enforce a contract if the attempt will bankrupt you" is only one of the possible games.

    Rather, the inverse of what you said and far less Machiavellian.

    It is legally well established that take-or-pay contracts are unenforceable if it would bankrupt the buyer which is the more likely resolution in this case. However, this does not mean frontier labs just get to walk away. They would settle in court for a penalty that is less than the full contract price.

    See: AMD/global foundries and pretty much every oil and gas or commodity deal that goes bust when market pricing makes extraction unfeasible.

  • You're delusional lmao.

    Default is default.

    E.g. Capital leases are treated as debt.

    Stop posting nonsense.