{'index': 2, 'text': '(a) The Company covenants and agrees that, during the period from the date hereof until the Effective Time, except (i) as otherwise contemplated by this Agreement, (ii) as disclosed in Section 5.1 of the Company Disclosure Letter, (iii) as compelled by applicable Law or (iv) unless Parent shall otherwise consent in writing (which consent shall not be unreasonably withheld, delayed or conditioned), the Company shall, and shall cause each of its Subsidiaries to, use its commercially reasonable efforts to conduct its business in the ordinary course of business, to preserve intact its business organization and to preserve its present relationships with customers, suppliers, distributors, creditors, lessors, employees, business associates and other Persons with which it has material business relations and keep available the services of its and its Subsidiaries’ present employees and agents; provided, that, (1) after having used such commercially reasonable efforts, if any, as the Company believes are appropriate under the circumstances, the termination of any such relationship with the Company and/or its Subsidiaries voluntarily by the customers, suppliers, distributors, creditors, lessors, employees, business associates and other Persons shall not be deemed to constitute a breach of this Section 5.1(a) and (2) except as would not, individually or in the aggregate, have or reasonably be expected to have a Material Adverse Effect, a termination of any such relationship with the Company and/or its Subsidiaries in the ordinary course, for cause or as is otherwise determined in good faith to be in the best interests of the Company and its Subsidiaries, shall not be deemed to constitute a breach of this Section 5.1(a).\n'}
Instruction: Read the segment of a merger agreement and answer the multiple-choice question by choosing the option that best characterizes the agreement.
Question: Does the wording of the Efforts Covenant clause include “consistent with past practice”?
Option A: No
Option B: Yes

Merger Agreement: 5.2 Operation of the Acquired Corporations’ Business. (a) During the Pre-Closing Period, except (w) as required or otherwise contemplated under this Agreement or as prohibited or required by applicable Legal Requirements, (x) with the written consent of Parent (which consent shall not be unreasonably withheld, delayed or conditioned, and provided that no consent shall be required if the Company reasonably believes after consulting with outside legal counsel that seeking such consent would violate Antitrust Law), (y) for any action required to be or reasonably taken, or omitted to be taken, pursuant to any COVID-19 Measures or which is otherwise required or reasonably taken, or omitted to be taken, in response to COVID-19 or any other pandemic, epidemic or disease outbreak, as determined by the Company in its reasonable discretion, or (z) as set forth in Section 5.2 of the Company Disclosure Schedule, the Company shall, and shall cause each Acquired Corporation to, use commercially reasonable efforts to conduct its business and operations in the ordinary course in all material respects (Page 41)
Answer: A

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: Does the wording of the Efforts Covenant clause include “consistent with past practice”?
Option A: No
Option B: Yes
Answer: