Oracle Moves to Defer the Rent on a Data Center It Says Is On Schedule
Oracle's force majeure notice on Project Jupiter defers its rent if the New Mexico campus misses its 2028 opening. The $18 billion of loans behind the site already trade below 90 cents, and they cannot be repaid until the campus opens.
Vincent Jiang · 3 min read
The notice moves the bill one seat down the table
Oracle sent a force majeure notice on 24 September to the developer of Project Jupiter, the Stargate campus in Doña Ana County, New Mexico 24. The ask is simple: if the campus misses its planned 2028 opening, Oracle's rent does not start 1. If the rent never starts, what happens to the lenders?
The developer, STACK Infrastructure, is a Blue Owl Capital unit, and the $18 billion of loans behind the site were already quoted at 89 to 91 cents on the dollar 43. That is the lending leg of the stack charted in The Inference's *Oracle's $664 Billion Backlog Runs on Three Balance Sheets*, taking its first mark-to-market hit 4. Oracle's own quarter explains the reflex: $28.5 billion of capital spending against negative $5.4 billion of free cash flow in the quarter to 31 August 5.
Oracle's capex has outrun its free cash flow for four straight quarters
- Capital spending
- Free cash flow
Data
| Capital spending | Free cash flow | |
|---|---|---|
| Q4 '25 | $12.03B | -$9.97B |
| Q1 '26 | $18.64B | -$11.48B |
| Q2 '26 | $16.49B | -$1.87B |
| Q3 '26 | $28.5B | -$5.4B |
The power still has no permit
The site's power plan has been rebuilt once already. New Mexico's land commissioner rejected the feeding pipeline's right-of-way in March and again in July, which forced a switch from 2.2 gigawatts of gas turbines to 2.45 gigawatts of Bloom Energy fuel cells 64. The cells still need gas, and earliest pipeline service has slipped to 1 February 2027 6.
The site also lacks the air permit for the fuel cells themselves. The New Mexico Supreme Court paused that process on 23 August while it weighs two challenges from environmental groups, and the state must rule by 23 November 47. Oracle wrote itself aggressive commitments with little wiggle room on this campus 8. Force majeure is the wiggle.
Every date has already slipped
The Financial Times puts the build at least seven months late. SemiAnalysis moves the first phase from 2027 to 2029, and state officials say nothing opens before 2030 3. A power-related force majeure event could win Oracle up to three years of rent deferral, back rent still owed later, and until completion STACK collects no rent at all 63. The market marked the whole chain in one morning, hardest at the far end:
The further from the tenant, the harder the fall
Data
| Value | |
|---|---|
| Oracle | -3.5% |
| Blue Owl | -4% |
| Bloom Energy | -6% |
Oracle is down 28.6 percent this year, the worst tech stock in the S&P 500 93.
Both sides insist this is routine
"Project Jupiter remains on our planned schedule," Oracle says, pointing to 3,600 workers on site 16. Blue Owl's line: the notice "does not change the financial commitments to this multi-year project" 1. Bloom says it stays committed to the contract and the timeline 1.
The loan price has a calmer reading: Oracle's own bonds fair-value near 84.6 cents, so project loans at 89 to 91 price the campus roughly where its tenant is priced 4. The tell lands on 23 November: grant the air permit and the loans have a path back toward par; deny it and 2028 stops being a schedule. New Mexico keeps saying no, and Wall Street holds the paper.
How this brief was made
01Gathered & sourced270 channels · 1,717 articles▾
Agents swept 270 channels and ingested 1,717 articles, then de-duplicated and ranked them for signal.
02Verified & cross-validated11 claims · 14 data feeds▾
Every one of 11 load-bearing claims was checked against primary sources, with 14 live data feeds reconciling the figures and charts.
- 1CNBC via MSN (Samantha Subin), "Oracle sends 'force majeure' notice about data center project, stock drops 3%", 24 September 2026
- 2Quartz via Yahoo Finance (Cris Tolomia), "Oracle invokes force majeure on New Mexico AI data center", 24 September 2026
- 3Yahoo Finance (Colin Harper), "Inside Oracle's delays at $165B Project Jupiter data center", 25 September 2026
- 4FinanceFeeds (Tobi Opeyemi Amure), "Oracle Debt: Jupiter Loans at 90 Cents, Its Own Bonds at 85", 21 September 2026
- 5Sharadar quarterly fundamentals from Oracle's SEC filings, retrieved 27 September 2026
- 6Gear Live (Andru Edwards), "Oracle Says Its New Mexico Stargate Site Is On Schedule. It Filed to Delay the Rent Anyway.", 25 September 2026
- 7SiliconANGLE (Mike Wheatley), "Oracle issues 'force majeure' notice to New Mexico data center developer on energy delays", 24 September 2026
- 8The Wall Street Journal (Rudegeair, Gardizy, Wirz), "Cracks in Oracle's AI Data-Center Build-Out Appear in Massive New Mexico Project", 25 September 2026
- 9Blockonomi, "Oracle (ORCL) Stock Plunges 3.6% Amid $18 Billion Project Jupiter Debt Concerns", 25 September 2026
- 10Seeking Alpha (Carl Surran), "Bloom Energy slides on reported Oracle data center force majeure", 24 September 2026
- 11Sharadar quarterly fundamentals, from Oracle's SEC filings, retrieved 27 September 2026
03Reviewed & edited1 human editor▾
One editor read the draft against the evidence, tuned the framing, and signed off before it shipped.
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