Oracle uses legal escape clause on massive New Mexico AI data center
A force majeure notice lets Oracle delay payments on its Stargate-linked "Project Jupiter" campus if it isn't finished by 2028, as the company's AI spending strains its finances.
What happened: Oracle sent a force majeure notice on Thursday to the developer of its New Mexico AI data center, a project called Jupiter built by a unit of Blue Owl Capital. The notice gives Oracle legal cover to delay payment on the campus if it doesn't open on schedule in 2028. Oracle's stock dropped 4% on the news. Oracle says the project remains on schedule and it is 'fully committed' to New Mexico; Blue Owl says the notice doesn't actually change the financial commitments underpinning the multi-year deal.
Why it matters: Project Jupiter is part of the Stargate AI infrastructure push associated with President Trump, and it has already drawn community and environmental objections ahead of the midterms. The Financial Times has reported growing unease over the $18 billion in debt tied to the site, which is trading at stressed levels. A force majeure notice, even a disputed one, adds to questions about whether the financing behind giant AI data centers can hold up if construction slips or costs keep rising.
How it works, plainly: Force majeure clauses let a company pause certain contractual obligations, like payment deadlines, when extraordinary circumstances get in the way, without formally ending the contract. Oracle invoking it here means it wants the option to delay paying for the New Mexico campus if it isn't ready by 2028, while still saying publicly the build is on track. Blue Owl's pushback signals a live disagreement over what the notice actually changes financially, which is now playing out as a dispute between the two companies rather than a clean, agreed pause.
The rollout: This lands amid a broader financial squeeze at Oracle. Capital spending hit $28.5 billion in the quarter ended August 31, up from $8.5 billion a year earlier, leaving the company with negative free cash flow of $5.4 billion and plans to raise roughly $40 billion in debt and equity this fiscal year. Oracle also raised its estimated restructuring costs by about $700 million, to roughly $2.8 billion, tied to 2026 job cuts. Revenue is growing fast too: $19.3 billion this quarter versus $14.9 billion a year ago, so the strain is coming from the pace of building, not a lack of business.
