{'index': 1, 'text': '7.3 Other Offers, etc. <omitted> provided, however, that prior to receipt of the Requisite SB Shareholder Approval, this Section 7.3 shall not prohibit a SB Entity from furnishing nonpublic information regarding any SB Entity or other access to, or entering into a confidentiality agreement or discussions or negotiations with, any Person or Group in response to a bona fide, unsolicited written Acquisition Proposal submitted by such Person or Group (and not withdrawn) if and only if: (A) no SB Entity or Representative or Affiliate thereof shall have violated any of the restrictions set forth in this Section 7.3 (other than an unintentional violation that did not, directly or indirectly, result in the submission of such Acquisition Proposal), (B) SBâ€™s board of directors shall have determined in good faith, after consultation with the SB Financial Advisor (or such other financial advisor as SB may use) and outside legal counsel, that such Acquisition Proposal constitutes or is reasonably likely to result in a Superior Proposal, (C) SBâ€™s board of directors concludes in good faith, after consultation with its outside counsel, that the failure to take such action would be inconsistent with its fiduciary duties under applicable Law to SB and its shareholders, (Pages 21-22)'}
Instruction: Read the segment of a merger agreement and answer the multiple-choice question by choosing the option that best characterizes the agreement.
Question: Under what circumstances could the Board take actions on a different acquisition proposal notwithstanding the no-shop provision?
Option A: If failure to take actions would lead to "breach" of fiduciary duties
Option B: If failure to take actions would be "inconsistent" with fiduciary duties
Option C: If failure to take actions would lead to "reasonably likely/expected breach" of fiduciary duties
Option D: If failure to take actions would lead to "reasonably likely/expected to be inconsistent" with fiduciary duties
Option E: If failure to take actions would lead to "reasonably likely/expected violation" of fiduciary duties
Option F: If taking such actions is "required to comply" with fiduciary duties
Option G: If failure to take actions would lead to "violation" of fiduciary duties
Option H: Under no circumstances could the Board do so.
Option I: Other circumstances

Merger Agreement: Section 5.4 No Company Solicitation. <omitted> (b) Notwithstanding anything in Section 5.4(a) to the contrary, until the Company Stockholder Approval is obtained, if the Company receives a bona fide written Alternative Acquisition Proposal made after the date hereof that does not result from a material breach of this Section 5.4, and the Company Board determines in good faith (after consultation with outside legal counsel and a nationally recognized financial advisor) that such Alternative Acquisition Proposal is, or could reasonably be expected to lead to, a Superior Acquisition Proposal, (i) the Company may negotiate and enter into an Acceptable Confidentiality Agreement with the Person making such Alternative Acquisition Proposal; provided, that the Company shall promptly (and in no event later than twenty-four (24) hours after execution thereof) deliver a copy of such Acceptable Confidentiality Agreement to Parent, (ii) following entry into such Acceptable Confidentiality Agreement by the Company, the Company and its Representatives may provide information (including nonpublic information) subject to such executed Acceptable Confidentiality Agreement; provided, that any nonpublic information provided to such Person, including if posted to an electronic data room, shall be provided to Parent prior to or substantially concurrently with the time it is provided to such Person, and (iii) the Company and its Representatives may engage in discussion or negotiations for such Alternative Acquisition Proposal with such Person and its Representatives. (Page 59)
Answer: H

Merger Agreement: {{text}}
Answer:
Instruction: Read the segment of a merger agreement and answer the multiple-choice question by choosing the option that best characterizes the agreement.
Question: Under what circumstances could the Board take actions on a different acquisition proposal notwithstanding the no-shop provision?
Option A: If failure to take actions would lead to "breach" of fiduciary duties
Option B: If failure to take actions would be "inconsistent" with fiduciary duties
Option C: If failure to take actions would lead to "reasonably likely/expected breach" of fiduciary duties
Option D: If failure to take actions would lead to "reasonably likely/expected to be inconsistent" with fiduciary duties
Option E: If failure to take actions would lead to "reasonably likely/expected violation" of fiduciary duties
Option F: If taking such actions is "required to comply" with fiduciary duties
Option G: If failure to take actions would lead to "violation" of fiduciary duties
Option H: Under no circumstances could the Board do so.
Option I: Other circumstances
Merger Agreement: 7.3 Other Offers, etc. <omitted> provided, however, that prior to receipt of the Requisite SB Shareholder Approval, this Section 7.3 shall not prohibit a SB Entity from furnishing nonpublic information regarding any SB Entity or other access to, or entering into a confidentiality agreement or discussions or negotiations with, any Person or Group in response to a bona fide, unsolicited written Acquisition Proposal submitted by such Person or Group (and not withdrawn) if and only if: (A) no SB Entity or Representative or Affiliate thereof shall have violated any of the restrictions set forth in this Section 7.3 (other than an unintentional violation that did not, directly or indirectly, result in the submission of such Acquisition Proposal), (B) SBâ€™s board of directors shall have determined in good faith, after consultation with the SB Financial Advisor (or such other financial advisor as SB may use) and outside legal counsel, that such Acquisition Proposal constitutes or is reasonably likely to result in a Superior Proposal, (C) SBâ€™s board of directors concludes in good faith, after consultation with its outside counsel, that the failure to take such action would be inconsistent with its fiduciary duties under applicable Law to SB and its shareholders, (Pages 21-22)
Answer: