Force majeure issued
Sept. 24, 2026
Oracle to Stack Infrastructure (Blue Owl Capital unit), developer of Project Jupiter, Doña Ana County, NM
Rent-deferral ceiling
Up to 3 years
Triggered if the 2.45 GW campus misses its 2028 online date, per Bloomberg reporting cited by Reuters
Oracle Q1 FY2027 capex
$28.5B
Quarter ended Aug. 31, 2026; vs. $8.5B a year earlier (3.4×); filed via 10-Q, Sept. 11, 2026
Oracle Q1 FY2027 free cash flow
–$5.4B
Negative for the third straight quarter; company plans to raise ~$40B in debt and equity this fiscal year
Project-finance debt under stress
~$18B
Loans tied to the NM campus quoted at 89–91 cents on the dollar, per Financial Times via Reuters, Sept. 18, 2026
Project Jupiter scope
$165B / 2.45 GW
1,400-acre, four-building campus powered by up to 2.45 GW of Bloom Energy fuel cells; first phase targeted Q3 2028
The contract
Force Majeure Lets Oracle Walk Back the Lease, Not the Project
Oracle's Sept. 24 notice to Blue Owl Capital-owned Stack Infrastructure is the first hard contractual print on a Stargate buildout that OpenAI and Oracle publicly framed as a $500B, 10-gigawatt program. Oracle is not exiting Project Jupiter; it is reserving the right to defer rent for up to three years if the 2.45 GW campus in Doña Ana County, New Mexico, misses its 2028 online date because the power supply is not ready on time.
- Oracle told CNBC the campus \"remains on our planned schedule\" and characterized the notice as protective, not a cancellation step.
- Blue Owl Capital issued its own rebuttal: \"This notice does not change the financial commitments to this multi-year project,\" per Bloomberg via Reuters.
- The clause ties the deferral to \"meeting power commitments,\" not construction — making the NM environment department's Nov. 23 fuel-cell air-permit decision the proximate trigger.
- Developers are contractually committed to bring a first phase online in Q4 2026 and the full campus and power plant by Q3 2028 under the local industrial-revenue-bond package.
The choke point
Power, Not Concrete, Is What Is Stuck
Project Jupiter's 2.45 GW campus was designed to be a single fuel-cell microgrid, with Bloom Energy contracted for up to 2.45 GW of solid-oxide fuel cells replacing the originally planned gas turbines. None of that runs without two distinct power-delivery approvals, and both are slipping on the same timeline Oracle is now hedging.
| Item | Original target | Status / delay | Source |
|---|---|---|---|
| Energy Transfer natural-gas pipeline | Mid-2026 | Slipped to Feb. 1, 2027 after regulators repeatedly denied permits | Source NM filings; OilPrice.com, Aug. 14, 2026 |
| Fuel-cell air permit (NM Environment Dept.) | Pending decision | Decision deadline Nov. 23, 2026; NM Supreme Court paused broader air-quality permitting Aug. 23 | TechCrunch, Sept. 24, 2026; Ars Technica, Sept. 11, 2026 |
| Bloom Energy fuel-cell delivery (initial 1.2 GW) | Per MSA signed Apr. 2026 | Contract intact; Bloom Energy confirmed commitment on X within hours of force-majeure report | Oracle press release, Apr. 27, 2026; Bloom_Energy X post, Sept. 24, 2026 |
| NM Supreme Court permitting pause | — | Paused NM air-quality permitting on Aug. 23, 2026, escalating local opposition | Ars Technica, Sept. 11, 2026 |
The balance sheet
Oracle's Q1 FY2027 Made the Force Majeure Unavoidable
Oracle's Q1 FY2027 print was the trigger behind the letter, not the consequence. Capex tripled in a year, free cash flow stayed deeply negative, and Oracle still has to fund $40B of additional capital this fiscal year — a stack the Q1 numbers do not support without help from the lease deferral.
Oracle quarterly capex vs. free cash flow
Q1 FY2027 (ended Aug. 31, 2026) vs. the same quarter a year earlier, in USD billions
Unit: USD billions
Q1 FY2026 capex
8.5
Q1 FY2027 capex
28.5
Q1 FY2026 FCF
-0.4
Q1 FY2027 FCF
-5.4
- Q1 FY2027 revenue $19.345B (+30% YoY), but operating income grew only 57% on much heavier depreciation and interest expense, compressing incremental margins.
- Oracle plans to raise ~$40B in debt and equity in FY2027; ~$25.1B was raised via equity issuance and net debt paydown during the quarter itself.
- S&P downgraded Oracle's corporate credit to one notch above junk in July 2026, citing Stargate-driven leverage; banks were already forced to hold more Oracle-linked project debt than initially planned.
- TTM free cash flow is now –$28.7B on $75.7B of capex; the Q1 print alone accounts for a $28.5B slice of that, against $19.3B of operating cash flow.
The credit market
The Debt Market Had Already Priced This In
The $18B of loans tied to the Project Jupiter campus were trading at 89–91 cents on the dollar a full week before Oracle sent the letter — syndicate banks including Santander and Jefferies were already stuck holding more of the deal than they had planned. Force majeure did not surprise the credit market; it validated it.
| Signal | Reading | Implication |
|---|---|---|
| S&P corporate rating | One notch above junk (downgraded July 2026) | Marginal IG; covenant pressure on corporate debt |
| $18B project loans | 89–91 cents on the dollar (FT, Sept. 18, 2026) | Stressed; banks stuck holding more than planned |
| Oracle FY2027 capital raise plan | ~$40B debt + equity | Equity dilution risk; further leverage build |
| Blue Owl Capital 1-year share move | –47% to ~$9.20 | Equity markets already pricing AI-financing stress |
The transmission belt
Blue Owl Is the Funding Channel That Catches the Delay First
Stack Infrastructure is a Blue Owl Capital-owned developer. The Sept. 24 force majeure is sent to Stack; the rent payment deferral flows through Stack; and the $18B project-loan book sits inside Blue Owl Capital's direct-lending franchise. The notice does not change the project's finances — but it changes how Stack's lenders underwrite the next 24 months, and that re-prices Blue Owl Capital's stock first.
- Blue Owl Capital down 47% YoY at $9.20 — among the worst-performing AI-finance names — and down 21% in the month before the letter landed.
- Three months ago, Blue Owl Capital walked away from a separate $10B Oracle data-center project in Michigan after deeming the economics unfavorable (Dec. 17, 2025); the pattern is now 'walk away from the next deal before the existing one restructures.'
- Stack's rebuttal that 'financial commitments' are unchanged is exactly what a lender says when it needs the existing facility to stay performing; an Oracle rent deferral flows through Stack's debt-service coverage.
- The next two disclosures to watch: a Blue Owl Capital 8-K quantifying NM project exposure, and the Q3 earnings call — either of which can re-rate the stock either way.
Spillover
Power and Chips Get Re-Rated, Even If Oracle Doesn't Move
Project Jupiter sits inside a larger buildout that touches the AI stack at every layer. Even if Oracle and Blue Owl Capital hold the line on the existing site, the same regulatory and power-supply constraints apply to every other Stargate campus — which is why the spillover lands on power-generation peers, on the fuel-cell supplier, and on the chip supplier most exposed to the AI data-center capex arc.
| Layer | Named player | Mechanism | Read-through |
|---|---|---|---|
| Power infrastructure (pipeline) | Energy Transfer | NM pipeline slipped to Feb. 1, 2027 | Slower utilization ramp on the new Permian-to-NM corridor |
| On-site generation (fuel cells) | Bloom Energy | Up to 2.45 GW contracted; air permit pending | Execution risk on a $7.65B AI-infrastructure backlog |
| Wholesale power peers | Vistra · Constellation Energy · GE Vernova | Other Stargate sites need similar behind-the-meter power | Higher ceiling for merchant power + grid equipment pricing |
| AI silicon demand | NVIDIA | Any Stargate delay pushes out accelerator demand | Demand pacing into FY2027–28 already priced into estimates |
| Hyperscaler peer | Microsoft | OpenAI's $500B Stargate covers Oracle + Microsoft capacity | Indirect confirmation that data-center lead times are widening |
Synthesis
One Thesis, Two Timeframes
Short-term (days to quarters): Oracle's force majeure is a contractual admission that the Stargate timeline is not the 2028 number the Street has been underwriting — and it pulls forward Oracle's $40B capital raise and Blue Owl's project-loan repricing into the next two earnings cycles. Long-term (one to three years): every layer of the AI buildout just received a hard reminder that power, not silicon or land, is the binding constraint — which re-rates merchant power, fuel-cell microgrids, and behind-the-meter generation into a structural beneficiary set, while making capital providers for Stargate projects (Blue Owl first, but also the broader private-credit complex) the place where delay risk compounds.
Investable read-through
- Q1 FY2027 capex of $28.5B vs. $8.5B a year earlier makes the three-year rent deferral a working-capital necessity, not an option — extends negative free cash flow into FY2028.
- S&P cut corporate credit to one notch above junk in July 2026; a project-level delay would force Oracle to draw the planned $40B raise sooner and on worse terms.
- Stargate capex is the engine behind Oracle's 30% revenue growth in Q1; any delay directly compresses the FY2028 acceleration the multiple is priced for.
- Stack Infrastructure is the developer and a Blue Owl Capital unit; the force majeure notice hits the landlord first — $18B of project debt at 89–91 cents on the dollar is already under re-pricing.
- Already down 47% YoY at $9.20 after walking away from the $10B Michigan deal in December 2025; a NM restructuring compounds exposure across the broader direct-lending book.
- Watch for an 8-K quantifying NM project exposure and the Q3 earnings call — either can re-rate the stock either way; until then, the market is pricing it as if the option will be exercised.
- Up to 2.45 GW contract with Oracle remains intact and Bloom publicly reaffirmed it within hours of the force-majeure news — the $7.65B AI-infrastructure backlog is still on the order book.
- Q2 FY2026 revenue of $1.065B was up 165% YoY, but a delayed NM air permitshifts the ramp into FY2028 instead of FY2027, compressing near-term backlog conversion.
- If Stargate sites nationwide face the same power-permitting constraints, behind-the-meter fuel cells become a structurally bigger piece of the buildout.
- NM gas pipeline slipping to Feb. 1, 2027 delays utilization ramp on the new corridor and trims near-term fee income.
- Long-term, every other Stargate site faces the same behind-the-meter constraint, structurally raising demand for midstream buildouts to data-center hubs.
- ETF on the project is contractual; what changes is the timing — a one- to two-quarter push-out, not a cancellation.
- Other Stargate campuses that cannot run on fuel-cell microgrids alone will need wholesale nuclear/gas PPAs — the Permian-to-NM slip pulls forward CEG pricing power on the next wave.
- Q2 FY2026 free-cash-flow yield of 0.3% leaves limited room for execution misses; a confirmed Stargate delay would re-rate the stock as the marginal supplier of last resort.
- Catalyst to watch: any new Stargate site announcement that requires baseload power; the September 23, 2025 OpenAI expansion included a Wisconsin site — the next site is the next trade.
- Vistra's 38.7 GW of merchant capacity is the largest flexible block in the U.S. — every behind-the-meter miss on Stargate shifts incremental demand onto merchant generation and raises the cap on retail/PPA pricing.
- Already trading at ~$138 against a $217 52-week high with capex at 73% of operating cash flow; the stock is sensitive to any signal that grid buildout is the binding AI constraint.
- Forward P/E of 13.6× vs. trailing23.7× shows the market is split; Project Jupiter's contract delay nudges the consensus toward the higher multiple.
