{'index': 5, 'text': 'Section 6.03.No Solicitation by the Company. <omitted> (b)     Notwithstanding â€‹Section 6.03(a), if at any time prior to the receipt of the Company Stockholder Approval (the â€œCompany Approval Timeâ€\x9d; it being understood and agreed that the Company Approval Time shall be deemed to have occurred upon delivery of the Written Consent) (and in no event on or after the Company Approval Time), the Board of Directors of the Company receives a bona fide written Company Acquisition Proposal made after the date hereof which has not resulted from a violation of this â€‹Section 6.03, the Board of Directors of the Company may prior to the Company Approval Time (and in no event on or after the Company Approval Time) and, subject to compliance with this â€‹Section 6.03(b), â€‹Section 6.03(c) and â€‹Section 6.03(e), (i) engage in negotiations or discussions with any Third Party that, subject to the Companyâ€™s compliance with Section 6.03(a), has made after the date of this Agreement an unsolicited bona fide written Company Acquisition Proposal that the Board of Directors of the Company determines in good faith, after consultation with a financial advisor of nationally recognized reputation and outside legal counsel to the Company, constitutes or is reasonably likely to lead to a Company Superior Proposal, (ii) thereafter furnish to such Third Party and its Representatives and financing sources nonpublic information relating to the Company or any of its Subsidiaries pursuant to a confidentiality agreement with terms (including â€œstandstillâ€\x9d or similar terms) no less favorable to the Company than those contained in the Company Confidentiality Agreement, a copy of which shall be provided, promptly after its execution, to Parent for informational purposes; <omitted> but in each case referred to in the foregoing clauses (i) through (iii) only if the Board of Directors of the Company determines in good faith by majority vote, after consultation with the Companyâ€™s outside legal counsel and a financial advisor of nationally recognized reputation, that the failure to take such action would be reasonably likely to be inconsistent with its duties under Applicable Law. (Page 88)'}
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: Section 6.03.No Solicitation by the Company. <omitted> (b)     Notwithstanding â€‹Section 6.03(a), if at any time prior to the receipt of the Company Stockholder Approval (the â€œCompany Approval Timeâ€; it being understood and agreed that the Company Approval Time shall be deemed to have occurred upon delivery of the Written Consent) (and in no event on or after the Company Approval Time), the Board of Directors of the Company receives a bona fide written Company Acquisition Proposal made after the date hereof which has not resulted from a violation of this â€‹Section 6.03, the Board of Directors of the Company may prior to the Company Approval Time (and in no event on or after the Company Approval Time) and, subject to compliance with this â€‹Section 6.03(b), â€‹Section 6.03(c) and â€‹Section 6.03(e), (i) engage in negotiations or discussions with any Third Party that, subject to the Companyâ€™s compliance with Section 6.03(a), has made after the date of this Agreement an unsolicited bona fide written Company Acquisition Proposal that the Board of Directors of the Company determines in good faith, after consultation with a financial advisor of nationally recognized reputation and outside legal counsel to the Company, constitutes or is reasonably likely to lead to a Company Superior Proposal, (ii) thereafter furnish to such Third Party and its Representatives and financing sources nonpublic information relating to the Company or any of its Subsidiaries pursuant to a confidentiality agreement with terms (including â€œstandstillâ€ or similar terms) no less favorable to the Company than those contained in the Company Confidentiality Agreement, a copy of which shall be provided, promptly after its execution, to Parent for informational purposes; <omitted> but in each case referred to in the foregoing clauses (i) through (iii) only if the Board of Directors of the Company determines in good faith by majority vote, after consultation with the Companyâ€™s outside legal counsel and a financial advisor of nationally recognized reputation, that the failure to take such action would be reasonably likely to be inconsistent with its duties under Applicable Law. (Page 88)
Answer: